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(영문) 수원지방법원 안양지원 2015.06.18 2015고정39
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the instant charges is a person driving a D bus owned by C as a job.

On August 29, 2014, around 16:28, the Defendant driven the front three-lane of the Ho-dong residents' center in the direction of the Ho-dong residents' center in the direction of the Ho-dong residents' center in the Go-dong.

Since there is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to stop and proceed in accordance with the signals.

Nevertheless, the Defendant, despite the fact that the electric signal has been changed to a yellow signal from the straight wave, continued to stop without stopping, and continued to proceed and received the Fone Starex right side of the bus fronter operated by the injured party E (the aged 47) in a direction-setting, as part of the Defendant’s bus fronter.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as dynasium in the bones of wood, which requires medical treatment for about two weeks.

2. According to the provisions of Articles 3(2)1 and 4(1)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, in the case of operating a vehicle in violation of signals indicated by signal apparatus, a public prosecution may be instituted even in the case of purchasing an insurance or mutual aid under Article 4(1) of the same Act. However, “in the case of operating a vehicle in violation of signals provided by signal apparatus” refers to a case where the violation directly causes a traffic accident.

(see Supreme Court Decision 201Do17117, Mar. 15, 2012). The following circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, ① entering the intersection at the time when the Defendant changed to yellow signal, ② passing through the intersection for more than five seconds after the Defendant entered the intersection, ③ entering the road going through the intersection beyond the intersection, and the vehicle collision occurs while the victim violated the signal.

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