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(영문) 서울남부지방법원 2013.11.01 2013고정2152

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a B rocketing car.

On April 23, 2013, the Defendant driven the above car at around 08:50, and temporarily stopped the two-lane road in the direction of the Han River Hospital located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, 121-227 from the direction of the Han River Hospital to the Han River Middle School, and made the left turn to the left at the atmosphere of the Young River.

Since the location is an intersection where signal lights are installed, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals.

Nevertheless, the defendant neglected this and found D-si that was driven by C while driving in the opposite opposite lane by negligence in violation of the right-hand turn signal, and immediately passed the collision, but the victim E (V, 32) who is a taxi passenger was faced with his body in the seat, etc.

Ultimately, the Defendant suffered from the victim’s negligence in the course of performing the above duties, such as the upper frame of ducts that require medical treatment for about three weeks.

2. Determination

A. The summary of the facts charged is that “the defendant caused an accident by negligence that caused the left-hand turn in violation of the signals.”

B. Relevant regulations and legal principles 1) In principle, the non-protective coordinates are permitted only at places where the non-protective coordinate mark or the non-protective coordinate mark is marked. The specific provisions of attached Table 6 of the Enforcement Rule of the Road Traffic Act concerning the “type, method of creation, place of installation, standards, and indication” are as shown in the attached Table 6.

However, if the left turn has not been displayed on the non-protective coordinate or the non-protective coordinate but the left turn has been applied by the traffic police due to the reasons such as the traffic failure even if the left turn is allowed, etc., and the left turn has been applied to the drivers passing the place.