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(영문) 청주지방법원 2017.02.10 2016노895
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

가. 사실 오인 피고인은 이 사건 교차로에 도착하여 우선 속도를 줄이면서 정차하였고, 시야에서 다가오는 차량이 없는 것을 확인한 후 방향지시 등을 켠 상태로 천천히 좌회전을 하였으므로, 피고인에게 운전 상의 주의의무위반이 없었다.

Nevertheless, the court below erred by misapprehending the facts, thereby violating the duty of care.

The decision was determined.

B. As a defendant who first arrived at the intersection of this case by misapprehending legal principles, he is sufficient to observe the speed of restriction at the intersection by the other party, and first enters the intersection and make a left-hand turn to the left, if he trusted that he would be able to report and stop the defendant, and instead he would be able to pass the intersection as soon as possible, and there is no need to drive the defendant in preparation for this.

Nevertheless, there is a breach of duty of care against the defendant.

The court below erred by misapprehending the legal principles on the protection of trust.

2. Determination

A. The summary of the facts charged in the instant case is Defendant A, who is a person engaged in the operation of J-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

On March 28, 2015, the Defendants driven the above vehicle at around 11:31, 2015, and moved back from the entrance of the 3-ri village of the Mansan-gun, the smallest number of the Mansan-gun, the Defendant A was left to the Mansan-Eup, and the Defendant B was left to the left from the Mansan-Eup.

At all times, there was a duty of care to safely drive a motor vehicle after reducing the speed or temporarily stopping a motor vehicle to a person engaged in driving a motor vehicle on a three-distance intersection with no signal, etc.

Nevertheless, the Defendants neglected to enter the intersection and avoided each other by negligence, and Defendant A operated excessively the hand hand on the left side, thereby doing so.

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