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(영문) 춘천지방법원 강릉지원 2014.10.07 2014노326
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact, the Defendant did not violate the signal, and rather, the bus driver caused a traffic accident in violation of the signal.

2. Comprehensively taking account of the following circumstances acknowledged by the court below, which duly adopted and examined the evidence, the court below can sufficiently recognize the facts charged of this case that the defendant was admitted to the intersection by violating the signal and received a bus.

① The N consistently continued from the investigative agency to the court of the court below to proceed in accordance with the signals of the crosswalks that he/she had to cross-section and stopped according to the red signals at the intersection. However, the Defendant stated that he/she entered the intersection as it is in violation of the signals.

N is not only in the position of the most accurate about the circumstances of the accident but also in the special circumstances where the defendant makes a statement disadvantageous to the defendant while driving a vehicle after the defendant, while witnessing the traffic accident and taking relief measures.

② 이 사건 교통사고가 발생한 교차의 남측은 양양 방면, 북측은 속초 방면, 서측은 설악산 방면, 동측은 해맞이공원 방면이고, 위 교차로의 신호는 ㉠ 속초와 양양 양방향 직진(74초) ㉡ 양양에서 설악산 방면으로, 속초에서 해맞이공원 방면으로 각각 좌회전(33초) ㉢ 설악산에서 속초 방면으로 좌회전 또는 해맞이공원 방면으로 직진(25초) ㉣ 해맞이공원에서 양양 방면으로 좌회전 또는 설악산 방면으로 직진(18초) ㉠ 속초와 양양 양방향 직진의 순서로 반복된다.

On the other hand, the accident of this case conflicts between the vehicle of the defendant who was directly controlled by both sides from the front side of the front side to the right side of the defendant's proceeding and the bus which was left left to the front side from the right side of the direction of the defendant's proceeding. In accordance with the analysis photograph of CCTV installed at the above intersection, it is based on the analysis photograph of CCTV installed at the above intersection.

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