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(영문) 의정부지방법원 2013.04.11 2012노2292
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below, which did not recognize that the defendant caused a traffic accident in violation of the signal, has erred in misunderstanding of facts.

2. Determination:

A. The summary of the facts charged in this case, around 04:40 on February 27, 201, the Defendant driven a DD LV car and proceeded at the intersection in front of the “Agricultural and Fishery Products Center” located in the Yongsan-gu U.S. U.S. Seo-gu dialogue in the Goyang-si in order to keep the above at a speed of about 40 km per hour between the three-lanes in the direction of the communication direction in the direction of the direction of the communication.

At night, there was a flow of the front door view due to the decline of the time, and the location was the intersection where signal lights are installed, all drivers had a duty of care to reduce the speed, to live well on the front door and the right and the right, and to drive safely according to their signals.

Nevertheless, due to the negligence of neglecting this, the Defendant neglected and proceeded with the signal and caused the Defendant to shock the front part of the Defendant’s driving vehicle by blocking the course of the victim E (the 46-year-old driver) driving in the direction of the left side of the sports ground in the direction of the direction of the Defendant’s driving direction, and by blocking the course of the victim E (the 46-year-old driver) driving.

As a result, the defendant suffered from the victim's sexual frames, slots, right sleaks, etc., which require about four weeks of treatment.

B. The judgment of the court below and the court below reviewed the main evidence submitted by the prosecutor in order of review, and first of all, the statements made by the victim's investigative agency to the victim's investigation agency; ① the victim entered the victim's office from approximately 15 to 20 meters prior to the accident point to the intersection by examining the cross-section signal; and the victim stated that there was another vehicle in progress at the time of entering the intersection as to the surrounding traffic condition at the time of entering the intersection. However, the victim's statement is an witness who runs the road in the direction of the opposite direction of the road in which the victim was driving the vehicle at the time to the intersection of the accident.

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