(영문) 광주지방법원 2015.07.09 2014노2640 | 리걸엔진

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(영문) 광주지방법원 2015.07.09 2014노2640

교통사고처리특례법위반

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The judgment of the court below is reversed.

The punishment of a defendant shall be determined by a credit cooperative for six months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. The crossing, which is the place where the instant traffic accident occurred, has no signal, etc., and since it is difficult to confirm the left and right of the building on each corner of the intersection, the Defendant shall temporarily stop in either of the following places: (a) the driver of any motor vehicles under Article 31(2)1 of the Road Traffic Act (the place where the traffic is slowly or temporarily stop)

1. The driver of any motor vehicle shall correctly operate the steering system, brakes and other devices of his/her motor vehicle and shall not drive his/her motor vehicle at a speed or in a manner that may cause any danger and impediment to other persons according to the traffic conditions of the road and the structure and performance of his/her motor vehicle, while driving his/her motor vehicle at the intersection where the traffic is not controlled, it is impossible to confirm the left and the right, or the traffic is heavy;

The occurrence of the instant traffic accident was caused by negligence in violation of the duty to temporarily stop at the intersection and drive safely.

B. Therefore, even if the defendant's above negligence is recognized, the driver of a vehicle who intends to drive a vehicle into an intersection where traffic is not controlled, under Article 26 of the Road Traffic Act, and Article 26 of the Road Traffic Act, which is not included in the facts charged.

(2) The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled, shall slowly drive the motor vehicle, if the width of the intersection is wider than that of the road on which the motor vehicle is traveling, and when any other motor vehicle intends to drive a motor vehicle into the intersection from a road with a wide width, he/she shall yield the right

The judgment of the court below which acquitted the defendant on the sole basis of the violation.

참조조문

유사 판례

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