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(영문) 서울북부지방법원 2012.04.12 2011고정2244
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is that the driver of all vehicles cannot overtake other vehicles at the intersection, but the Defendant, at around 18:10 on 201.07.03:10, while driving a CST5 car (hereinafter “ASS”) and driving at the intersection (hereinafter “the intersection of this case”) in front of the Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, Dongdaemun-gu, Seoul, to turn to the right from the middle intersection of the E bus driven by the victim D (hereinafter “victim”) while driving the vehicle at the intersection, the latter part of the vehicle and the front part of the damaged vehicle are in conflict (hereinafter “the traffic accident of this case”). Accordingly, the Defendant suffered bodily injury, such as the chilled chill and tension in which the victim should give two-day medical treatment.

Article 3(1) and proviso of Article 3(2)4 of the Act on Special Cases concerning the Settlement of Traffic Accidents apply to the above charged facts, and Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents provides for a case where a person who caused a traffic accident can institute a public prosecution even when he/she purchases a comprehensive insurance policy, one of the cases where a person who caused a traffic accident drives a vehicle by overtaking at a place where the traffic

2. Determination

A. According to Article 2, subparagraph 29 of the Road Traffic Act, “overtake” means that a driver passes another vehicle ahead and moves ahead of it.

According to the defendant's legal statement, witness D's statement, the result of this court's inspection of the black image, the traffic accident real situation inspection report, ① The intersection of this case can only turn to the left or right to the right to the left, there are two lanes, one of which is proceeding on the side of the middle ditch and proceeding to the middle ditch (hereinafter referred to as the "lane prior to the first round"), and the other is based on the direction of proceeding on the lane prior to the first round.

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