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(영문) 수원지방법원 2017.09.29 2017노2817
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

In light of the fact that when the vehicle signal, etc. along the intersection of the grounds for appeal is red, vehicles and horses can make a right-way without impeding the other vehicle traffic along the signals (see attached Table 2) and vehicles and horses in the opposite interpretation of Article 6 (2) of the Enforcement Rule of the Road Traffic Act (see attached Table 2), and Article 27 (1) of the Road Traffic Act, vehicles and horses can pass the crosswalk regardless of the safety of the crosswalk when pedestrians fail to pass the crosswalk, etc., in light of the fact that they can pass the crosswalk regardless of the safety of the crosswalk.

shall not be deemed to exist.

In addition, even if there was an obstacle to block the view view on the right side of the instant crosswalk, and even if the Defendant thoroughly performed the duty of front view, it is difficult to avoid the victim’s bicycle who entered the crosswalk rapidly with green light warning signals, so it is difficult to view that he neglected the duty of front view.

Therefore, the court below found the defendant guilty on the ground that the defendant was not guilty on duty, but the court below found the defendant guilty on the charge of this case. The court below erred by misunderstanding the facts.

2. Determination

A. Article 4 of the relevant regulations and legal principles provides that “The types of traffic safety facilities, the method and place where traffic safety facilities are installed, and other necessary matters concerning traffic safety facilities shall be prescribed by Ordinance of the Ministry of Administrative Safety.” Article 6(2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act provides that “the types of signals and signals indicated by signal apparatus” means the signals displayed by the red light among the vehicle signal, etc., and “motor vehicles and horses” must be stopped immediately before the intersection.

However, it is stipulated that the traffic of other horses that are in progress in accordance with the new subparagraph may be avoided without impeding them.

However, in cases where an intersection and crosswalk are installed adjacent, and the vehicle signal apparatus is installed only at the intersection, the vehicle signal apparatus shall be on the vehicle.

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