교통사고처리특례법위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. According to the evidence submitted by the prosecutor, the main reasons for appeal revealed that the instant accident occurred at the wind of the Defendant’s failure to leave the intersection after entering the intersection in normal signal, and that the Defendant’s violation of the signal constitutes a direct cause for the instant accident.
The court below found the defendant not guilty of the facts charged of this case on the ground that the defendant's signal violation cannot be deemed as a direct cause of the accident of this case, or erred by misapprehending the legal principles.
2. Determination
A. The summary of the facts charged in the instant case is the person who drives a corporation or taxi.
On June 2, 2012, around 01:50 on June 2, 2012, the Defendant came to turn to the left at a speed of about 10km from the direction of the street to the direction of the atomic distance.
Since there is an intersection in which traffic signals are installed and traffic is controlled, the person engaged in driving service has a duty of care to prevent accidents by operating as ordered by the traffic signal apparatus.
Nevertheless, due to the negligence of violating and proceeding the stop signal while neglecting this, the front part of the D Driving E in the direction of the Nowon-gu Road in the direction of the Nowon-gu Road in the direction of the Nowon-gu Road was collisioned with the front part of the left side of the Defendant Driving Vehicle.
Accordingly, the victim F (30 years of age) who was on board the victim's driver's vehicle suffered approximately two-day medical treatment, such as booms, from the victim G (53 years of age) who is the passenger of the defendant's vehicle, about two-day medical treatment.
B. The lower court determined that the Defendant’s signal is given that the time when the Defendant’s vehicle proceeded in violation of the signal is about 1.3 seconds and the time (4 seconds), the Defendant, and the damaged vehicle were driven by the collision.