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(영문) 대전지방법원 2016.10.19 2016고단1834
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who drives C vehicle.

On January 30, 2016, around 18:48, the Defendant came to go straight from the west-gu, Seogu, Seo-gu, Seogu, to the two-lane distance from the gire distance to the 3-lane from the gire distance.

At all times, a person engaged in driving as an intersection with a signal has a duty of care to safely drive in accordance with the front line.

Nevertheless, the Defendant neglected to do so and caused injury to the victim D(n, 59 years old) of the victim D(n, the front part of the vehicle in front of the vehicle in front of the vehicle in front of the victim D(n, the 59 years old) who was left left pursuant to the new subparagraph due to negligence, and suffered injury to the victim D, such as brain salvy with no open head in need of stability for two weeks, and suffered injury to the victim F (n, the 24 years old), who was on the front part of the vehicle in front of the defendant vehicle, in need of stability for two weeks.

2. The following evidence submitted by the judgment prosecutor alone cannot be deemed to have been proven without any reasonable doubt as to whether the defendant entered the intersection in contravention of the signal, and there is no other clear evidence. Therefore, this case cannot be deemed to fall under the proviso of Article 3(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents. ① The statement by the 119 first reporter (person in distress) who can be said to be a relatively objective evidence may not be deemed to fall under the category of the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. The statement by the 119 first reporter (person in distress) who can be said to be a relatively objective evidence was crossing the crosswalk in the direction same as the running direction of the motor vehicle at the time of the accident, and was a red light to confirm the pedestrian signal, etc. on the above crosswalk immediately after the accident. This merely is a content of the signals immediately after the accident.

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