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(영문) 전주지방법원 2018.05.04 2018노166

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the place where the instant accident occurred, which is a place where non-protective bypassing the accident, is a place where the Defendant was not at fault, and there was an accident that conflict with the damaged vehicle after the vehicle of the Defendant had already passed through the intersection, so there was no likelihood of the accident to the Defendant.

Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, one year of suspended execution, one hundred and twenty hours of community service, and forty hours of compliance driving) is too unreasonable.

2. Determination

A. (1) Determination of the assertion of mistake as to the facts shall be made by the Ordinance of the Ministry of Administrative Safety and Security concerning the types of traffic safety facilities under Article 4 of the Road Traffic Act, the method and place where traffic safety facilities are installed, and other necessary matters concerning traffic safety facilities.

Article 6 (Signals) of the Enforcement Rules of the Road Traffic Act. (2) The types of signals displayed by signal apparatus under paragraph (1) and the definitions thereof shall be as specified in attached Table 2.

[Attachment 2] The green light in its original form, such as vehicle signal, etc. for the type of signals in the separate heading

1. Vehicles and horses may move straight or bypass;

2. They may turn to the left at a place where a non-protection mark or a left-hand turn is marked;

Light of yellow light

1. When a stop line exists, or a crosswalk exists, vehicles and horses shall immediately stop at the intersection or the intersection immediately, and when part of the motor vehicles and horses already enter the intersection, they shall promptly proceed out of the intersection;

2. Vehicles and horses may make a bypass and in case of a bypassing, they shall not obstruct the crossing of pedestrians;

Vehicles and horses of red lights shall stop immediately before the stop line, crosswalk, and intersection.

However, it may be avoided without impeding the traffic of other motor vehicles that proceed in accordance with the new subparagraph.

(2) Determination shall be made on the type of signals and signals indicated by the signal apparatus.