(영문) 서울고등법원 2016.2.26.선고 2015노2122 판결

At the time of this case, the defendant, notwithstanding the red light of the vehicle signal apparatus at the intersection, shall be placed on the crosswalk.

Duties, such as starting a taxi in advance before it is changed to green light without observing the stop line;

At fault, the above negligence of the defendant was the direct cause of the occurrence of the accident. The forum is

Notwithstanding the above, the court below found the defendant not guilty due to mistake of facts or misapprehension of legal principles.

There is an error of law affecting the judgment.

2. Determination

A. Summary of the facts charged in this case

The defendant is a person who drives a private taxi in Seoul ○○○ho Lake.

On October 3, 2014: around 50, the Defendant was driving a ice taxi and was living in the office of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City Office

L L. L. L. from the scoptic distance off to the scopic e.g., two lanes along the 3rd road in the e.g., the e.

was made.

At the time, the driver's duty of driving motor vehicles is at night, and the front door was an intersection where signal lights are installed.

a person engaged in the work must proceed in accordance with the signals of the front and rear left, in good faith;

When the signal to the front is red, the green signal shall stop safely to the inside of the stop line and then the light

Since the start, there was a duty of care to prevent accidents in advance.

Nevertheless, the defendant neglected this and stops on the crosswalk beyond a stop line.

A business that starts in violation of a vehicle stop signal without examining the front and rear left properly.

The victim who had been proceeding with the German-dong outflow from the surface of the Materne tunnels by negligence without compensation, shall be Do governor Do governor Do governor Do governor

26) An individual who has the front wheels part of the Gyeonggi Mababa cB400 Obaba, which he drives.

On October 3, 2014, 2014: Around 41, 41 square meters on the left side of the taxi to have the victim shocked.

20,000 Soloro 5-ro 20,000 Glaro Maloa Hospital

In addition, the decision was made.

B. The judgment of the court below

The lower court, based on its stated reasoning, determined as follows: (a) the Defendant’s violation of the suspension line and its departure;

The following is determined and the defendant not guilty on the grounds that there is no proof of criminal facts

The decision was made.

1) The Defendant’s act of violating the stop line constitutes a cause of the instant accident within a natural meaning.

It is difficult to see that the act of a stop line constitutes a breach of a duty of care.

Connections with the instant accident regardless of pedestrian protection, which is the norm of setting a stop line;

Inasmuch as there was a proximate causal relationship between the Defendant’s fault in violation of the suspension line and the instant accident

It is difficult to do so.

2) After the signal in the direction was changed to a green signal, the defendant's entry first entered the intersection;

A vehicle entering an intersection in violation of speed signals on the left side of its proceeding in the Chapter;

If he/she starts his/her ship, he/she may be shocked with the vehicle.

not start to avoid the occurrence of such a result as expected to result;

(2) in the course of the start of the ship; or (3) in such a manner as to anticipate such a fact and to give more attention to

It is difficult to recognize specific duty of care to examine whether there is a vehicle.

Even if the defendant's prior departure acts constitute a breach of duty of care, they shall be assessed as occupational negligence.

even if, at the time of departure and the occurrence of an accident, the time difference between the point of departure and the occurrence of the accident, the head of the collision, the victim's drinking driving

In view of the circumstances, etc., the person between such negligence and the instant accident

It is difficult to see that there is a relationship.

C. Judgment of the court below

1) The basic facts

According to the evidence adopted and examined by the court below and the court below, the following facts are recognized.

A) At the time of the occurrence of the instant case, the Defendant 3 degrees from the scambrupted plane to Silung-dong, Silung-dong.

The two-lanes are running along the two-lanes of the Feroscopic post offices (hereinafter referred to as "the intersection of this case")

As a result, the red signal at the front of the intersection was stopped.

B) On the front side of the Defendant’s driving direction, there was a stop line, and the front side from the stop line.

2. In front of nine meters, a crosswalk with a width of eight meters, but at the time of the first stop, the head of the taxi in front of the defendant's taxi;

The portion stopped beyond the above stop line and up to the crosswalk.

C) The Defendant: (a) operated a taxi 0.9m on the front line 10 seconds after the time of the said stop; (b)

After re-stopping, and the front part of the taxi is the defendant among two partitionss of the crosswalks.

It is located in the partitions that comes first in the direction.

D) The Defendant re-assigns a taxi 15 seconds after the time of the second stopping.

at least one second of the beginning date of the operation, and the defendant's proceeding direction.

under this chapter, the victim of the vehicle driving on the right side from the left side, i.e., the vehicle driving on the right side;

Defendant, who had passed since that signal was changed to yellow signal, approximately KRW 2 and approximately 5 / 15 seconds1)

The signal, etc. on the front side of the direction was changed from red to green, but at the same time, otoba was operated.

at that time the signal, etc. that the victim sees was changed to a red signal), and the front of the defendant's taxi at that time

The pan-line passed the second intermediate point of the above crosswalk, and the defendant before and after it.

The taxi continued to run on the front bank.

E) From the point of time when the signal, etc. on the front direction of the defendant was changed from red to green

at the time when 14/15 seconds, the front part of the victim's surface in the intersection of this case shall be the front part.

The defendant's left-hand side of the taxi conflict with the back wheels of the defendant.

F) At the time of the accident, the victim operated the Oral Ba and caused the Jinsan-dong outflow from the surface of the literature tunnel.

Ro. In other words, the school of this case shall proceed from the left side to the right side on the basis of the defendant's progress.

The traffic accident analysis appraisal report submitted to the trial at the time of the collision is the victim's right before the collision.

The average speed of the objection is about 70 km per hour, and according to this, the victim's Obane.

When, while proceeding to the intersection of this case, 55.9m from the point of accident, she reached the point of accident.

It is presumed that the signal, etc. in the direction of the sea was changed to red signal.

G) At the time of the instant accident, the victim’s blood alcohol level was 0.102% at the time of the instant accident.

2) Whether the defendant was negligent

A) Article 4 of the Road Traffic Act is a type of traffic safety facilities and a method of creating traffic safety facilities.

Other necessary matters concerning traffic safety facilities shall be prescribed by Ordinance of the Ministry of Public Administration and Security.

section 6(2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act, and the signals displayed by the signal apparatus

The term "the kind of signals and signals" means the signals displayed by the red light among the vehicle signals.

E. A stop line, crosswalk, and a crossing shall be stopped immediately before the intersection: Provided, That the purport of the signals shall be followed.

It is stipulated that the traffic of other vehicles and horses that are in progress may be avoided without impeding them.

On the other hand, the intersection and crosswalk are installed adjacent to the intersection, and the vehicle signal apparatus is an intersection.

When installed only on the road, the signal apparatus for the vehicle shall not only pass through the intersection, but also cross immediately before the intersection.

Inasmuch as it is deemed that the passage of news reports is also also directed, the side of the vehicle at the intersection; and

The color light orders the duty of suspension in front of the intersection and the crosswalk. Accordingly, the intersection is in line.

If the traffic signals, etc. for vehicles are red, the vehicle operator shall stop the vehicle in the crosswalk stop line.

(see Supreme Court Decision 2009Do8222 decided July 28, 201, etc.).

B) As seen earlier, as the Defendant did, on the red light of the signal apparatus for vehicles at the instant intersection.

Accordingly, while stopping a taxi, the taxi did not properly abide by the crosswalk stop line, and the first stop road.

From about 10 seconds, the taxi was moved to 0.9 meters on the front bank, and approximately approximately 15 seconds thereafter.

Notwithstanding the fact that the signal apparatus for the vehicle in the intersection is red, the taxi shall be operated in the front;

A. Although the taxi was moved from the first stop to the front of 0.9m, if the taxi was stopped after the stop.

b) A little number of taxiss from the time to the time they begin to operate again in the front bank even though they are red lights.

Although there was time intervals, the series of acts of non-compliance with the stopping vessel and the departure of the vessel in this case

Although the vehicle signal apparatus at the intersection maintains the red light, the taxi shall be set up in front;

for the purpose of passing through after entering the intersection as soon as possible after operating it;

applicable to the acts of violating signalling.

C) In light of the above legislation and legal principles, the red color of the signal apparatus for vehicles at an intersection;

The above-mentioned violation of signals by the defendant against the duty to stop in compliance with the lights shall be seriously traffic

In the case of the traffic accident of this case that occurred after the type of violation, the defendant suffered an accident.

Even if there was no intention on the birth itself, the occupational negligence due to the breach of the duty of care shall be sufficient.

may be recognized. In other words, when a driver passes through an intersection, the driver is highly likely to cause an accident.

Traffic that must be observed without due care as required for driving operations;

(b) the risk status resulting from such a violation of the laws and regulations, provided that such a violation has been committed;

and the result of the occurrence of the accident can be sufficiently predicted that the traffic accident may occur.

This is because it can be seen that there was a prior avoidance.

D) The Defendant was confirmed to have passed a stop line since she viewed her image in the police investigation.

C. Recognizing the negligence, I stated . . 'I,' and the court below stated 'I,' as to customers and destination.

caused the occurrence, and the customers were not able to use the negonomy with respect to the negonomy by making the negonomy and reconcing;

(c) The statement was made as "," and the starting point was made in the trial court as "in the way of gambling" with customers.

H. A statement stating that “I have started to see the video as soon as I have originally been elected.”

Pursuant to these statements, the Defendant’s own failure to observe the stop line and to make red lights.

It seems that the act of violating one's signal due to the start seems to be recognized.

E) On the other hand, drivers who have violated traffic regulations by themselves shall be lawful against others.

The principle of trust cannot be asserted because it cannot be claimed (Supreme Court Decision 2000Da5, Sept. 5, 2000).

12068, see Supreme Court Decision 12068), the defendant, regardless of the red light of the signal apparatus for vehicles at the intersection by the defendant.

As seen earlier, the Defendant was aware that the instant accident occurred while driving in violation of the rule of good faith.

The principle of trust can not be applied to the person.

Furthermore, traffic accidents are not caused by the defendant's total fault but caused by the defendant.

The defendant is exempted from liability for the traffic accident on the ground that the negligence of the sea was also concurrent.

(See Supreme Court Decision 2007Do1974 Delivered on June 28, 2007). The victim in this case is a victim.

In this case, negligence such as signal breach, speed, drinking driving, etc. has been significantly competitioned, and the occurrence of the traffic accident has occurred.

solely on the ground that there is no negligence of the defendant in relation to the above accident.

3) Existence of causation

(A) Traffic accident analysis of the National Institute of Scientific Investigation, and its staff member’s ex officio statement and the ex officio statement of the case

According to the statement of traffic accident analysis appraisal report submitted in the trial, the defendant's taxi and witness vehicles

The accident in this case is based on the results of the video and field survey at the time of the accident stored in each black box.

The results of 200 Formula 1 are as follows.

○ The moving distance and driving speed of Defendant taxi

Defendant’s taxi was first stopped in excess of the crosswalk stop line in the instant intersection;

After about 10 seconds, the following 0.9 meters moved to stop again, and approximately 15 seconds thereafter;

In the state of red lights, the head of the household began to operate in the front section, and approximately 5.2 seconds, about 17.8m during the second half.

In addition, this conflict with the victim's Obama within the intersection of this case. The defendant's taxi is weak.

5. If 17.8m for the second half is running in parallel, then it shall be calculated to be done at the speed of 1.32m in a square of s.s.

○ The speed of driving on the part of the injured party.

From the moment when the victim passes a manle near the scene of the accident, the defendant

Until the collision with the taxi, about 7.8 meters have been moveded for about 0.4 seconds, and the average running speed shall be 70 meters.

/ H (19.5m / s.) calculated. 2)

○ Results of the Formula 100

As seen earlier, the Defendant’s taxi was damaged at the speed of 1.32 m/ S s, 3) at the time of the accident.

Haban assumed that he operated approximately 70 km/h (s. 5 m./ s. 19 m.) at an average speed of driving. 4)

B) According to the instant accident video, Defendant taxi operation room in the intersection of the instant case at the time.

A person shall be appointed.

On the opposite direction, a number of vehicles, other than Defendant taxi, also stop according to red signal.

A vehicle, other than the defendant's taxi, does not depart from the red ray.

and even after the change to green signal, there was a conflict with the victim's overland within the intersection of this case.

The situation that seems to be a conflict or conflict did not occur.

C) Comprehensively taking account of the aforementioned circumstances, the Defendant’s signal for the vehicle installed at the instant intersection.

Starting after observing the suspension line of crosswalks properly, and changing to green light according to the red light of the flag;

was changed to green light even in the case of failure to observe the crosswalk stop line.

would have not occurred if the instant traffic accident had occurred. Accordingly, the Defendant would have taken part in the instant traffic accident.

The act of violating one signal constitutes a direct cause for the occurrence of the instant traffic accident.

4) Sub-decisions

The prosecutor's above mistake of facts and misapprehension of legal principles are justified (the court below's participatory trial)

The seven jury verdicts issued a verdict of innocence on the facts charged in this case against the defendant.

C. According to the evidence adopted and examined by the court below and the court below, there was an act of violating the defendant's signal.

Indeed, the facts of the death of the victim of the instant traffic accident are recognized and recognized by the above evidence.

Examining various circumstances in light of the legal principles on occupational negligence and causation in traffic accidents;

The defendant's act of violating the signal constitutes occupational negligence, and such occupational negligence and death.

between traffic accidents and traffic accidents may be assessed as having proximate causal relation. The issue of this case is

The existence of a causal relationship with the free fault is limited to the issue of evidence preparation or fact-finding.

It is inevitable to consider normative elements. Accordingly, accepting jury verdicts as it is.

The lower court’s conclusion shall not be adopted).

3. Conclusion

Since the prosecutor's appeal is well-grounded, the judgment below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.

and after the pleading, the following judgments shall be rendered:

【Reasond Judgment】

Facts of crime

ARTICLE 2-A. The same shall apply as described in paragraph (1).

Summary of Evidence

1. The judgment of the court below and part of the trial court of the defendant

1. The original judgment and the current trial statement of the witness dedicated to the dedicated to the witness;

1. The original legal statement of the witness ○○○○.

1. Statement on the occurrence of a traffic accident by preparation of ○○○○;

1. A traffic accident report (1) (2) ;

1. Bluice Track video CDs and video CDs of vehicles that were in the air signaled by the cab;

1. Each traffic accident analysis and appraisal report;

1. A death certificate;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 (Selection of Treasury Punishment)

1. Suspension of execution;

Article 62(1) of the Criminal Act (hereinafter referred to as "the reason for the promotion of the punishment"), which shall be taken into consideration in favor of the defendant

Reasons for sentencing

Due to the defendant's occupational negligence, the victim died, and the defendant

have yet to reach an agreement with the bereaved family members of the victim.

However, the Defendant recognized the facts of the instant crime as a substitute, and the occurrence of the instant accident.

The victim is also recognized by reasonable negligence. The defendant has the same criminal records, but has final criminal records.

At the time of crime, 30 years or more have already passed from the time of crime. A taxi operated by the defendant is a private taxi.

The Association has subscribed to automobile insurance for business use of the Association.

Other arguments in this case, such as the age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime.

Various conditions of sentencing and the scope of recommended sentencing guidelines for the establishment of the Sentencing Commission, etc.

The punishment shall be determined by the combination as ordered.

Judges

Judge Lee Il-man

Judges Park Jong-young

Judge Full-time Suspension

Note tin

1) According to the statement of each traffic accident analysis appraisal report prepared by the National Institute of Scientific Investigation, the face page of the instant accident shall be photographed.

영된 피고인 택시의 블랙박스와 피고인 왼쪽의 좌회전 차선에 정차하였던 목격자 김◇ 운행 차량 ( 이하 ' 목격자

The image of each film box of the vehicle (hereinafter referred to as the "vehicle") was taken at 15 presses per second, and accordingly, each traffic accident analysis report.

In the above press unit, the accident of this case was analyzed by calculating the hours.

2) However, since the victim's Obane at the time of the above movement was active in the accident site, the victim's Obane was active in the accident site.

Do is presumed to have been higher.

3) The Defendant, as so-called a so-called legitimate substitution, complies with traffic regulations without any violation of signals such as non-compliance with a stop line or departure of a vessel.

If it is assumed that a vehicle has been operated, the conclusion of the Formula 20 shall vary depending on how much the speed of the vehicle is set.

may be determined by the court at its discretion within the scope from the minimum speed to the highest speed, depending on the performance of the vehicle;

It is also possible to select methods such as setting the maximum permissible speed of living roads or the average running speed of ordinary drivers, but the accused;

In order to evaluate the criminal liability as a normatively meaningful substitution in a criminal case, the vehicle operated by the defendant at the time of the accident.

A vehicle of the defendant starting from the ship is deemed appropriate to take the level of speed. In the case of the accident video of this case, the vehicle of the defendant starting from the ship.

The speed is not so rapid or late as to the accident, and the defendant also is at the speed of the vehicle at the time of the accident in the court below.

In relation to ‘I am at ordinary times', ‘I am at normal time?' (240 pages of the trial record), so there is a family at such speed of the vehicle.

It is difficult to view that it goes beyond the scope of reasonable evaluation.

4) On the traffic accident analysis report submitted to the trial, the possibility of the occurrence of the accident in the case of the victim's mistobane

In this case, if the defendant started from green credit, the occurrence of an accident regardless of whether the defendant complies with the stop line.

Non-compliance with a stop line due to the impossibility of measuring the speed of driving on the part of the victim, if it starts from the red signal or from the red signal;

an accident can not be determined regardless of whether or not the accident occurred.

5) From the time when the vehicle signal at the intersection was changed to a green light after the Defendant’s taxi starts in red light, the victim’s overland from the time when the vehicle signal at the intersection was changed to the green light.

the required time until the conflict with f.o.

6) [Determination of Type] Ordinary Traffic Accident Crime Offense No. 2 (Death or Injury in Traffic Accidents)

[Special Sentencings] Mitigations: Cases where the victim has a substantial fault in the occurrence of a traffic accident or the expansion of damage;

[The scope of recommendations and recommendations] Reduction Area, 4 months to 10 months of imprisonment

심급 사건

-서울중앙지방법원 2015.7.8.선고 2015고합258

서울고등법원 2016.2.26.선고 2015노2122

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