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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is that a traffic accident occurred by the defendant making an overtaking at the intersection, but the court below's ruling dismissing the public prosecution of this case is erroneous in misunderstanding of facts and misunderstanding of legal principles.
2. Determination
A. The Defendant, at around 18:10 on July 3, 201, driven the CST5 car, and left the intersection that is prohibited from overtaking in front of the Seoul Dongdaemun-gu Seoul Southern Hospital (hereinafter “instant intersection”) in Dongdaemun-gu, Seoul, 275-5, and caused injury to the victim, such as salt, tension, etc. of the conjection that requires two-day medical treatment by the negligence leading the victim D to the middle intersection of the E bus driven by the victim D, and caused the collision with the front part of the said bus.
B. Comprehensively taking account of the Defendant’s partial statement in the lower court and the court of the trial, the statement in the court of the lower court in the witness D, part of the survey report on traffic accident, and the results of the verification of the screen image by the court of the lower court, there are two lanes where the left and right turn to the left turn from the middle and the right turn to the middlewest from the intersection of the intersection of this case, and the Defendant sent the vehicle behind the bus driven by the victim before entering the intersection of this case to the right turn to the middlewest from the intersection of the session, and entered the bus to the right turn to the middlewest of the intersection of this case to the right turn from the intersection of the intersection of this case, and then, it can be recognized that the above bus conflicts with the above bus by accelerating the moving line of the above bus.
The instant accident is deemed to have occurred due to the overtaking of subparagraph 27 of Article 2 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011) at an intersection where the Defendant is prohibited from overtaking under Article 22(3)1 of the Road Traffic Act.
Then, this case.