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(영문) 서울북부지방법원 2016.07.12 2016노281
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Violation of the Road Traffic Act) is that the Defendant has developed the intersection in which the instant case occurred, and thus, the Defendant has the right of priority in passing along the intersection. In such a case, it shall be deemed that the Defendant has no duty of care to drive in preparation for the occurrence of collision with the cargo vehicles of the victim G driving driven on the opposite line.

Thus, the accident of this case occurred due to the failure and delay of the victim G, who is the driver of the truck, in the front direction. Thus, the whole negligence of the accident of this case is about the victim G, and there is no negligence on the defendant.

Nevertheless, the lower court also held that the Defendant was negligent in the instant accident.

In light of the facts charged in this case, the court below found the defendant guilty, and there is an error of law by misunderstanding facts and misunderstanding of legal principles that affected the judgment.

2. Determination

A. The lower court found the Defendant guilty on the charges of this case on the ground that the instant accident occurred, on the following grounds: (a) the instant intersection did not contain any signal, and the traffic control is carried out; (b) there is a vehicle to turn to the left on the opposite side; (c) there is a priority on the straight-down vehicle in the vehicle where there is a vehicle to turn to the left; and (d) the straight-way road is a wider distance than the road on which the Defendant wants to turn to the left, the Defendant has a duty of care to turn to the left after checking whether there is a vehicle going to turn to the opposite side of the straight-way direction; and (e) the Defendant attempted to turn to the left at the instant intersection without considering the right to the left, and thus, the Defendant attempted to

B. (1) According to the evidence duly admitted and examined by the court below concerning the present situation of the instant intersection, the Defendant and the victim G are one-lane roads in each segment, and the victim.

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