교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The court below's dismissal of credibility of each of the statements made by victims E and witnesses G, which correspond to the facts charged that the defendant violated a signal signal, was erroneous in the misapprehension of facts and thereby adversely affected the conclusion of the judgment.
2. Determination
A. The judgment of the court below is based on the following circumstances, which are acknowledged by the evidence submitted by the prosecutor's office and the defendant's partial statement, witness E and G's respective legal statements, i.e., witness E who is the driver of the other party vehicle and witness G who was on the other party vehicle, consistently from the police to the above court, and consistently stated to the effect that the vehicle in E was shocked with the defendant's vehicle who violated the signal while checking the left-hand turn at the time, and the left-hand turn at the time. ② The form of the above accident crossing is a structure in which the vehicle cannot be seen as a move of the vehicle in the direction of the defendant's proceeding until the vehicle starts the left-hand turn after entering the intersection due to the structure when the vehicle in question turns to the left-hand turn. Thus, if the vehicle in question goes against the signal at the time of entering the above intersection, it seems to have delayed or checked the speed prior to entering the intersection, in light of the circumstances of the defendant's vehicle and the vehicle in question after the accident.