교통사고처리특례법위반(치상)
The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
1. The Defendant is a person engaging in driving of DNA freight vehicles.
On November 22, 2016, the Defendant driven the above cargo vehicle on the 14:20 on November 22, 2016, and continued the intersection in front of the 5 wharf in Pyeongtaek-si Eup, Pyeongtaek-si, from the 4 wharf of Pyeongtaek-si to the gate of the ordinary passenger terminal.
Since there is an intersection where a yellow on-and-off signal is installed, in such a case, the driver of the vehicle had a duty of care to make the driver of the vehicle look at the right and the right before entering the intersection, and to pay attention to and safely drive the vehicle.
Nevertheless, the Defendant neglected to do so and proceeded directly from the basin of U.N. S. S. S. S. to the 5 wharf of L.W. 5 wharf.
E’s right-hand side of the F-A-Wood EXD car operated by E was shocked with the front part of the Defendant vehicle.
Ultimately, the Defendant suffered injury to G (73) who is the passenger of FF vehicle with the foregoing occupational negligence, due to the medical malpractice of the number of days of treatment, such as an influoral tymal typosis, etc.
2. Determination
(a) Article 31(1)1 of the Road Traffic Act shall apply to the traffic of all vehicles, while the driver of any motor vehicle shall slowly drive the motor vehicle at an intersection where traffic is not controlled;
Article 26 (1) of the same Act provides that "the driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled shall yield the course to other motor vehicles, when the motor vehicle is already entering the intersection.
“......”
B. First of all, with respect to the speed immediately preceding the accident, the Defendant’s vehicle is indicated 71km to 80km, and the F vehicle is indicated 21km to 30km. However, according to CCTV and black stuff image (Evidence No. 26), the speed of the Defendant’s vehicle immediately preceding the entry into the intersection is rather than the speed of the vehicle prior to the entry into the intersection.