교통사고처리특례법위반
The defendant's appeal is dismissed.
When considering the circumstances under the misunderstanding of the substance of the grounds for appeal (misunderstanding of the facts, misunderstanding of the legal principles, and misunderstanding of the sentencing), the collision between the Defendant’s vehicle and the other vehicle is either an act of breach of the other vehicle’s duty of care or an act of resistance against the other vehicle. Thus, the Defendant’s signal violation directly caused the occurrence of the traffic accident.
Therefore, this case's traffic accident does not constitute a traffic accident under Article 3 (2) 1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents.
Defendant
At the time, the vehicle was entering the intersection and going straight, and the other Party is going to the intersection by violating the signal and making a left turn late after passing through the stop line on the yellow fluor, so the other party is a driver with the duty of due care to stop temporarily before making a left turn and to stop at any time, such as making a left turn, even though he has the duty of care to have the attitude to stop at any time, such as making a left turn.
It was difficult for the defendant to expect that the other party will pass through the stop line and turn to the left at a two-lane on which the left is prohibited, in violation of the yellow signals signals.
The Defendant found and hered to turn to the left by violating the signal prior to the other party's right-hand turn, but her left-hand turn was her left-hand turn at the intersection and was presumed to have been 20.7m or 24.8m of the stop distance of the Defendant's vehicle at the time of the collision, so it was impossible for the Defendant to stop the vehicle prior to the collision.
If the other party driver discovered and immediately operated the vehicle of the defendant, the other party driver could prevent the collision in the absence of the other party driver's fault. This is presumed to be 7.1m.
The sentence of the court below (the imprisonment without prison labor for 8 months, the suspension of execution for 2 years) shall be taken into account the following circumstances.