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(영문) 서울남부지방법원 2013.05.07 2013고정440
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in driving a DK5 corporate taxi belonging to C&C company.

On October 20, 2012, the Defendant driven the above vehicle on October 20, 2019, and proceeded at a speed that cannot be identified depending on the one-lane between the four-lanes of the National Assembly, toward the intersection of the Seodaemun-gu Seoul Metropolitan City, which is located in the dorodo-dong.

Since there is an intersection where signal lights are installed, the driver has a duty of care to proceed in accordance with the signals.

Nevertheless, the Defendant passed through the stop line on the front line, the left line, and passed the stop line at the right line, along four lanes in the same direction as the right line, and passed through the stop line, and received the part on the left side of the Defendant’s driving vehicle FCA1105 Driving E (E, South, 6 years old).

Ultimately, the Defendant suffered injury, such as “the cage cage cages at 4 and 7 on the opposite side,” which requires that the victim be tried after medical treatment for about four weeks of medical treatment due to the foregoing occupational negligence.

2. The judgment of the court below and the summary of the facts charged in this case are as follows: "In spite of the red signal at the right side of the road through the intersection while the defendant driving a taxi, the victim was injured by shocking the two-wheeled vehicle of the victim driving on the same right side in the same direction as the other side of the road," and the prosecutor prosecuted the defendant on the premise that the defendant's negligence constitutes "violation of signal" under the proviso of Article 3 (2) 1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

However, [Attachment 2] of the Enforcement Rule of the Road Traffic Act provides that "motor vehicles and horses shall stop immediately before a stop line, crosswalk, and intersection: Provided, That motor vehicles and horses may move bypass without impeding the traffic of other motor vehicles and horses traveling along a new line." This is also red lights.

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