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(영문) 의정부지방법원 2014.07.03 2013노2223
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was that the Defendant temporarily stopped immediately before entering the instant intersection, and then entered the intersection, and the victim’s vehicle entered the intersection by speed and shocked the Defendant’s vehicle.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

2. According to the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., black box image on the victim's vehicle: (a) there is an obstacle to view the front side of the video left side of the accident place, but at least the front side of the intersection can be identified; (b) the defendant's vehicle seems to have entered the intersection where the left-hand turn is followed by the vehicle without stopping the vehicle before entering the intersection; and (c) the defendant was sent to the court before it is remanded to the court of the court of the court below, and the vehicle was stopped after the left-hand turn, and the left-hand turn was stopped after the vehicle was stopped at the intersection. In full view of the above circumstances, the defendant temporarily stopped after the left-hand turn-hand stop, but it was highly probable that the vehicle was approaching the intersection without stopping the vehicle immediately after the left-hand stop, and thus, the defendant's assertion that the vehicle caused the accident of this case can not be recognized as being a temporary suspension without any negligence by the defendant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

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