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(영문) 수원지방법원 2018.03.13 2017고단1460
교통사고처리특례법위반(치상)
Text

The defendant shall be innocent.

Reasons

1. The Defendant in the instant charges is a person who drives a Bsch Rexroth driver car.

On December 11, 2016, the Defendant driven the above vehicle at around 09:50 on December 11, 2016, and led to a straight-distance intersection in front of the apartment C in the direction of the Namyang Eup/Myeon in the direction of the Namyang Eup/Myeon.

Since signal lights have been installed at the front of that place, the person engaged in driving of a motor vehicle had a duty of care to prevent accidents by safely driving the motor vehicle in accordance with the traffic signals by reducing the speed and keeping the front door well.

Nevertheless, the Defendant neglected this and did not stop even if the Defendant’s signal changed to yellow, and continued to enter the intersection at the same speed, and did not find out the Fwing Vehicle for the Victim E (20) driving that was driven in the direction of e-mail in the 313 local highway, and did not get the Defendant to the left-hand side of the victim’s vehicle.

As a result, the Defendant suffered injury to the victim E, such as fluoral salt fluor, which requires approximately three weeks of treatment, and at the same time damaged the victim’s vehicle’s repair cost of KRW 42,953,733.

2. In full view of the provisions of Article 4 of the Road Traffic Act and Article 6(2) [Attachment 2] of the Enforcement Rule of the same Act, where a signal apparatus at the intersection where no stoppage line or crosswalk is installed is yellow signal, there is no obligation to stop immediately before the intersection.

However, among the intersections of this case, the road driven by Defendant A does not have a stop line or crosswalk, so Defendant A was running along the yellow fluoring line without stopping immediately before the intersection.

No signal shall be deemed to have been violated.

3. Determination

(a) Types of traffic safety facilities and traffic safety facilities under Article 4 of the Road Traffic Act;

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