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(영문) 서울중앙지방법원 2012.11.09 2012고단3795

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in the business of driving Crocketing taxi.

On May 1, 2012, the Defendant driving the above vehicle around 01:30, and driving the four-lane road of 1784 in south-gu Seoul Special Metropolitan City, Seoul, with the direction toward the salary-side area from the boundary of the Seoul Southern Zone.

In order to make a U.S. in the accident place, it was stopped in one lane.

At that place, crosswalks with signal lights are installed and it is possible to be a U-turn in the event of pedestrian signal.

In such cases, the driver of the motor vehicle has a duty of care to confirm whether there is a motor vehicle driven in the opposite direction by checking the front side well and to prevent the accident by driving safely according to the traffic signal in advance.

Nevertheless, the Defendant neglected this and caused the collision with the front part of the cab of the Defendant with the front part of the cab of the Defendant, without the number plate 125cc, which was driven by the victim D (E. 36 years old) who was elected and projected in the opposite direction by violating the signal on yellow signal prior to the change of the signal into the vehicle stop signal.

As a result, the defendant suffered the injury that requires medical treatment for about 12 weeks due to the depression on the left side by negligence in the course of business.

2. The Defendant’s summary of the Defendant’s lawsuit is acknowledged to the effect that, since it conflicts between the taxi that he/she had driven from the investigative agency to the instant court and the motorcycle that he/she had driven by the victim, causing injury to the victim in need of medical treatment for about 12 weeks, the Defendant alleged that he/she did not violate the signal since he/she exceeded the center line of the road at the time of the vehicle stop signal (i.e., red signal, other than yellow signal).

3. The following circumstances are acknowledged based on the evidence adopted and examined by the court, namely, ① the location of the instant accident in front of 1784, south-gu, Seoul Special Metropolitan City.