교통사고처리특례법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is a fire-fighting officer engaged in driving of a C Special Emergency Motor Vehicle owned by a Central Fire Captain, who is engaged in driving of a C Special Emergency Motor Vehicle on December 21, 2014, and driving the said motor vehicle on December 21, 2014 at a speed of 30km in the direction of 7km in the direction of Cheongdo-ro 248, Jung-gu, Seoul.
At that place, there is an intersection where signal lights are installed.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and to check well the front door, while driving a motor vehicle safely according to traffic signals to prevent accidents in advance.
Nevertheless, the defendant neglected this and entered the new intersection even though the signal was red signal, and the victim D (55 years old) who was driving three lanes in the direction of Hanyang-si in the direction of Hanyang-si, which was driving by the victim D (55 years old) with three-lanes in the direction of Hanyang-si, was shocked in the future of the vehicle driving by the defendant.
As a result, the Defendant suffered injury to the victim, such as satisfe, which requires approximately two weeks of medical treatment due to occupational negligence.
2. Determination:
A. The Road Traffic Act and its enforcement decree relating to the pertinent statute and the instant case are as follows:
Drivers of motor vehicles and riders of horses passing along roads shall follow signals conveyed by traffic safety facilities.
(Article 5 (1) of the Act). Emergency motor vehicles may not stop in urgent and inevitable cases, notwithstanding the cases where they shall stop pursuant to the provisions of the Road Traffic Act or the orders under the provisions of the Road Traffic Act.
(Article 29(2) of the Act. The driver of an emergency motor vehicle shall pass along the motor vehicle while giving special attention to the traffic safety in the event of the emergency.
(Article 29(3) of the Act. Emergency motor vehicles are being used for their original emergency purposes (Article 2 subparag. 22(b) of the Act), and emergency motor vehicles such as ambulances are applicable to emergency motor vehicles (Article 2 subparag. 22(b) of the Act), and other special cases concerning priority traffic under Article 29 of the Act.