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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal was that the Defendant was unable to take a sudden balk for the safety of passengers in the bus at the time of the instant case, and the victim was an accident by making an illegal balk, but the judgment of the court below which found the Defendant guilty was erroneous and adversely affected the conclusion of the judgment.
2. Determination
A. According to Articles 3(2)1 and 4(1)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, in the case of operating a vehicle in violation of signals indicated by signal apparatus, a public prosecution may be instituted even in the case of purchasing an insurance or mutual aid under Article 4(1) of the same Act. However, “in the case of operating a vehicle in violation of signals by signal apparatus” refers to a case where a violation of signals directly causes a traffic accident.
(see Supreme Court Decision 201Do17117, Mar. 15, 2012). In other words, where it is determined that the result cannot be avoided even if the Defendant complied with the signal, the direct causal relationship between the Defendant’s negligence and the result cannot be acknowledged.
B. Determination 1) According to the evidence duly adopted and examined by the lower court and the lower court, the following facts can be acknowledged. ① According to the signal cycle table of the intersection where the instant traffic accident occurred, yellow signal continues for 5 seconds at the present time. On the basis of CCTV images, urban buses driven by the Defendant had already entered the intersection via the intersection, and the bus was not yet passed through the stop line at 16:28:39 (the starting point to be changed to the present green signal, the starting point to be changed to the present green signal) and the bus driven by the Defendant had already entered the intersection.
② The Defendant also stated to the effect that the instant accident occurred as it is impossible to stop immediately when the vehicle signal from the police is changed to yellow, and that the instant accident occurred.
③ According to the above signal cycle chart, only 47 seconds after the end of 1st century in the direction of the victim’s proceeding begins.
However, the victim.