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(영문) 창원지방법원 2016.09.29 2016노1179
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On the other hand, on the other hand, a standing signboard is installed to reduce the speed to the right side of the road which falls short of the intersection stop line, even though there is a signal signal such as red on-off and warning at the intersection of the road at the scene of the accident where the defendant misunderstanding of the fact drives the vehicle.

At the time of the accident, according to the direction of the signboard at the time of the accident, the defendant is driving slowly by reducing the speed without temporarily suspending the above intersection (in the absence of the above standing signboard, temporary suspension has been made).

Therefore, the defendant is merely carrying out a slowly in accordance with the direction of the signboard, so it cannot be said that there is any negligence in the operation of the signboard.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 700,000) is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant driving a sea-going vehicle around September 22, 2015 at around 22:25, and driving the intersection of this case toward the Dong-dong Jeju apartment at the direction of the Simsan city, and such crossing is an intersection with a stop line where traffic is controlled by a red light on-and-off signal (On the other hand, the intersection where the victim is driving a vehicle on the right side from the left side of the defendant's proceeding to the intersection where the traffic is controlled by the off-off signal of the red light), and the defendant proceeded without temporary suspension at the time of entering the intersection of this case and recognized the fact of collision with the damaged vehicle at the middle of the intersection.

The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., red light in accordance with Article 6 (2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act.

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