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(영문) 서울서부지방법원 2014.06.26 2014노162
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal caused the instant accident while the Defendant violated the signal signal and caused the instant accident, the lower court did not recognize the Defendant’s violation of the signal signal and dismissed the prosecution by recognizing only the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which is the crime of failing to punish the Defendant, thereby adversely affecting the conclusion of

2. The summary of the facts charged in the instant case is that the Defendant is engaged in driving CVL125cc, and around 16:40 on October 29, 2012, the Defendant took two-lanes between the four-lanes in the direction of the large tide distance from the green translation room in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul to the speed of speed of the city and turn to the left. Since the left-hand turn is a prohibited area, the person engaged in driving service has a duty of care to turn to the left-hand turn, even if there was a duty of care to turn to the left-hand turn, the front part of the steering part of the E-city bus driving by the victim D(55 years old) driving the same direction as the victim D(55 years old) who proceeded to the left-hand part of the E-city bus that the victim received as the left-hand part of the above part, and the victim suffered approximately two-day trends and tensions in need of treatment.

With respect to the above charged facts, the prosecutor filed the prosecution of this case by applying Article 3(1), proviso of Article 3(2)1, and Article 268 of the Criminal Act.

3. The lower court, as shown in the record, found the following circumstances, i.e., (i) the Defendant driving the Ortoba at the time of the instant case and driving along two lanes in the direction of a non-wide area in the green translation room: (ii) the Defendant was at the time of the instant accident and entered a one-lane connected to the bus exclusive lane by reducing the speed of the steering gear at the intersection of the disease center distance, and returning the steering gear to the left-hand side; and (iii) the point at which the instant accident occurred, the part of the instant one-lane in front of the bus bus’s right-hand side.

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