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(영문) 제주지방법원 2013.08.08 2012노524
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the instant bus was operated lawfully by traffic signal at the instant intersection, but the instant accident occurred, as the instant bus was proceeding in violation of the signal.

Therefore, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous.

2. According to the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court was justifiable to have convicted the victims of the instant charges on the ground that the Defendant could have inflicted bodily injury on the victims by shocking the instant bus while operating the instant bus in violation of the traffic signal at the instant intersection.

① The Defendant asserted that the instant cross-section stop and waiting in front of the instant cross-section start. However, according to the witness D and F’s statutory statement, and CCTV images installed on the instant bus, it appears that the Defendant’s vehicle driven at the time of the instant accident appears to have driven at a rapid speed and shocked the bus. As such, it cannot be deemed that the vehicle that stopped at the time of the instant accident is the speed of the vehicle starting.

② According to the above CCTV images, the instant bus was driven at a certain speed of 15:47:11, and entered the instant intersection. The instant accident occurred at around 15:47:14, and as claimed by the Defendant, the instant bus appears to have entered the intersection immediately before it was changed to yellow signal, and the yellow signal was three seconds after its signal system was changed to that of the signal system (see, e.g., Ministry of Justice No. 94 of the trial record). At the time of the instant accident, it appears that yellow and Defendant’s direction signal was red.

③ In addition, CCTV images run on one vehicle in the opposite direction of the vehicle run by the Defendant after about 6 seconds from the location of the instant accident occurred, and the truck proceeds from the Defendant’s driving direction after approximately 13 seconds from the accident occurred.

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