교통사고처리특례법위반
The judgment of the court below is reversed.
The prosecution of this case is dismissed.
1. The defendant's act of violating the signals of this case was the direct cause of the occurrence of the traffic accident of this case, because it is evident that the traffic accident of this case would not occur if the defendant would have stopped near the crosswalk in accordance with red signals.
In addition, even though the victim's negligence was partly involved in the occurrence of the accident, the victim denied the fact that the accident in this case occurred between the driver's negligence and the driver's negligence.
It is insufficient to reject the probative value of the victim's injury diagnosis report and medical record on the sole ground that the degree of shock of the passenger who was on the defendant's vehicle or on the defendant's vehicle is insignificant.
2. The summary of the facts charged in the instant case was around 03:10 on January 7, 2015, the Defendant driven a rocketing taxi, which led to the passage along the intersection of the private distance of the Korea Institute of Land Research in Cheongyang-dong, Yyang-dong, Yyang-dong, to the parallel direction from the parallel to the parallel direction.
At that time, the signal, etc. was installed and operated normally, so there was a duty of care to drive safely in accordance with the new code.
Nevertheless, by neglecting this, the Defendant was negligent in driving the front signal as it was, and the part on the right side side of the motor bicycle driving of D(58, south) driving a motor vehicle in the direction of driving the motor vehicle to the private distance of the Han River Hospital located in the Han River Hospital, the left side of the driving of the motor vehicle of the Defendant, was driven by the front side of the motor vehicle of the Defendant.
As a result, the Defendant suffered injury, such as softs, salt, etc., which requires approximately three weeks of treatment by occupational negligence as above, to the victim.
3. Determination and ex officio determination of the prosecutor's assertion
A. The lower court, based on the circumstances stated in its reasoning, found that the Defendant started from a stop line after the front line was changed to a green, causes an accident corresponding to a victim’s motorcycle.