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(영문) 제주지방법원 2019.01.16 2018고정167
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is a person engaged in the operation of B Dogros and B Dogros, and the victim C is a person engaged in the operation of D Do road.

On June 27, 2017, around 00:28, the Defendant driven the gallon 974 Domna-ro on Jeju-si on June 27, 201, and driven the Domna-ro toward the Domna-ri distance from the direction of the galmna-station.

At all times, there was an intersection with a signal apparatus at the front and at night, so there was a duty of care to prevent accidents in advance by temporarily suspending a person engaged in driving a motor vehicle immediately before the intersection reaches the intersection and driving another motor vehicle safely by taking into account the progress of the other motor vehicle.

Nevertheless, the Defendant neglected this and did not take measures such as temporary suspension in the front of the intersection, but did not enter the intersection immediately before the intersection, and received the front right part of the victim C(W, 34 years old) driving on the right side in accordance with the yellow on-and-off signal due to the negligence of entering the intersection.

Ultimately, the Defendant suffered injury to the victim C and the victim E (the age of 28) who participated in the said passenger car by occupational negligence as above, by each two-day medical treatment.

2. Determination

A. The charge of this case’s charge is based on the premise that the Defendant’s signal in the direction of the Defendant’s vehicle was red-fluoring signal, and that the instant traffic accident occurred due to negligence that the Defendant did not temporarily stop.

In Article 4 of the Road Traffic Act and Article 6 (2) [Attachment 2] of the Enforcement Rule of the same Act, the "motor vehicles and horses with respect to the meaning of on-and-off warning lights" can proceed with with other traffic by temporarily suspending the same in the immediately preceding or immediately preceding intersection when there is a stop line or crosswalk.

On this issue, the defendant and his defense counsel, and the defendant.

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