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(영문) 인천지방법원 2015.05.06 2014노4628
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. On September 26, 2013, the Defendant: (a) 09:10 on September 26, 2013, 2013, loaded c5 tons of cargo loaded c5 tons, loaded the compact, and left to the left at the e-mail of the e-mail at the e-mailh seat in the e-mailh-gu, Hawon-gun, Hawonwon-gun. The accident place is an intersection where the signal is yellow sturged, so the vehicle at the speed reduction or temporary stop is crossing, and there is a duty of care to check and drive the vehicle at the e-mailh, and the left-hand turn-hand turn-off from the Cheongyang-ri, the Defendant got the victim D (Seoul, 59 years old) (the e-mailh, the front door of the left part of the vehicle, and caused the victim to take care of the e-mail and the 6-day average 12 weeks of the e-mail back.

2. Summary of grounds for appeal;

A. The Defendant was making a temporary stop at the intersection and was making a left turn to the left, but the victim was forced to enter the intersection and the accident occurred.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. Determination

A. The following facts can be acknowledged in full view of the evidence duly admitted and examined by the lower court.

(1) The victim stated that the Defendant’s vehicle was found to turn to the left at a point that fell short of 25 meters from the stop line before entering the intersection, because the victim was proceeding at a speed of 80km/h of speed per hour and obstructed, and that the speed was higher than that of the intersection.

(2) The distance from the point where the victim discovered the Defendant to the final stopping point is about 46.89m, and the distance from the point where the Defendant began to the left to the final stopping point is about 9.29m.

B. (1) Determination (1) Articles 26(1) and 31(1)1 of the Road Traffic Act.

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