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(영문) 서울서부지방법원 2015.04.28 2015고단141
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a DPoter secondary cargo vehicle.

On November 26, 2014, the Defendant driven the above cargo vehicle around 19:00, and made a turn to the left at a speed of about 5 km from the new elementary school at a speed of about 5 km, depending on the two-lane between the two-lane 320 intersection in Mapo-gu Seoul, Mapo-gu, Seoul.

At the time, this intersection is installed with a yellow light signal, so a person engaged in driving motor vehicles has a duty of care to safely drive motor vehicles by checking whether other directions, such as the letter suitable for this signal, enter the intersection.

Nevertheless, the Defendant neglected to turn to the left due to the negligence of the Defendant in violation of the new subparagraph, and brought up the front part of the FMW Operation of the Victim E (31 years old) with the front part of the Defendant’s cargo vehicle, which was left to the front part of the lower part of the Defendant’s cargo vehicle.

As a result, the Defendant suffered injury such as 2nd left-hand 12 weeks of medical treatment due to the above occupational negligence by the victim, such as dump pulverization of raw blavers, etc.

2. Determination

A. Whether the instant accident falls under subparagraph 1 of the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (1) The types of traffic safety facilities under Article 4 of the Road Traffic Act, the method and place where traffic safety facilities are installed, and other necessary matters concerning traffic safety facilities shall be prescribed by Ordinance of the Ministry of Security and Public Administration

Article 5 (Obligation to Comply with Signals and Directions) (1) Pedestrians who walk roads, drivers of motor vehicles and riders of horses shall follow signals and instructions conveyed and given by traffic safety facilities and signals and instructions given by any of the following persons:

Article 6 (2) of the Enforcement Rule of the Road Traffic Act shall be attached Table of the kind and purport of the signals displayed by signal apparatus.

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