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(영문) 서울중앙지방법원 2015.06.11 2015노1029
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is true that the defendant proceeded in violation of the signal at the time of the accident, but the accident of this case occurred at a point beyond 3 meters away from the crosswalk, the victim illegally crossed the road while illegally crossinged the road while driving the motorcycle, and the victim was injured by the defendant's rash after the accident. Since there is no causation between the defendant's signal violation and the victim's injury after the accident, there is no causation between the defendant's signal violation and the victim's injury.

2. To establish a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, there should be a proximate causal relationship between occupational negligence and the injury of the victim;

In addition, a proximate causal relationship may be recognized if there is a common cause if there is another fact, such as the victim or the fault of a third party, between the act and the result, not only if the occupational negligence caused the result of the victim's injury, but also if there is another fact such as the victim's or the result.

(2) The following circumstances are established based on the evidence duly adopted and examined by the lower court and the lower court on March 22, 1994 (see, e.g., Supreme Court Decisions 93Do3612, Jul. 24, 2014; 2014Do6206, Jul. 24, 2014). In other words, the Defendant: (a) even though the signal, etc. for the vehicle installed in the front bank was suspended, the Defendant entered the crosswalk in violation of the signal, thereby driving the vehicle into the crosswalk; (b) the victim’s malfunctioning the road along the crosswalk; (c) the victim was negligent in driving the crosswalk while driving the vehicle in violation of the method of passage of the crosswalk under the Road Traffic Act.

Even if the defendant is in violation of the stop signal for the vehicle, it would normally be predicted that the defendant might cut off another person driving the crosswalk in the process, and the victim would break off the crosswalk while driving a motor vehicle.

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