(영문) 의정부지방법원 2019.10.25 2019노18

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(영문) 의정부지방법원 2019.10.25 2019노18

교통사고처리특례법위반(치상)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the factual error) is that the Defendant entered the intersection in accordance with the left and right-hand turn signals and did not violate the signal, and the lower court found the Defendant guilty of the facts charged in this case, and thus, asserts that the lower court erred by misapprehending the facts.

2. Determination

A. The lower court also asserted the same purport as the grounds for appeal, and the lower court rejected the Defendant’s assertion on the ground that, in light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant could sufficiently recognize the fact that the Defendant had caused the instant traffic accident by negligence in violation of the signal.

1) The signal, etc. in the direction of the damaged vehicle was changed to green around 51 seconds from the CCTV 51 seconds, and the situation where the Defendant’s vehicle passes around the above signal light light around 51 seconds, and the instant traffic accident occurred when the collision between the Defendant’s vehicle and the damaged vehicle at the time when about 3 seconds passed (54 seconds marked on image). (ii) When the direct driving signal in the direction of the damaged vehicle is visible, the Defendant’s direction of the vehicle (on the left) signal is a red stop signal, and three seconds before the direct driving signal in the direction of the damaged vehicle is a yellow signal. Therefore, the Defendant should enter the intersection at least 48 seconds prior to the direct driving signal, etc. in the direction of the damaged vehicle among the above images.

3. However, since the Defendant got around the signal light in the direction of the damaged vehicle until around 51 seconds, and the accident occurred over 54 seconds later than 3 seconds thereafter, it is clear that the Defendant was red signal or at least yellow signal at the time of entering the intersection by driving a vehicle.

B. We compare the above judgment of the court below with the evidence duly adopted and examined by the court below.

유사 판례

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-수원지방법원 2018.11.01 2018노1721

-서울북부지방법원 2013.12.13 2013노1076

-대구지방법원 2015.06.18 2014노3624

-서울서부지방법원 2015.08.13 2015노504