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(영문) 대전지방법원 공주지원 2019.02.01 2018고단471
교통사고처리특례법위반(치사)
Text

The defendant shall be innocent.

Reasons

1. On June 4, 2018, the Defendant: (a) driven a B-hand car around 00:30 on June 4, 2018; and (b) continued to turn to the left at the “D” page from the north intersection at the time of the official city.

At the time of the intersection without traffic signal, etc., the victim E (the age of 33) was driving a FCA110 Oba, and was proceeding directly from the G school boundary to the intersection. In such a case, the driver of the vehicle has a duty of care to safely drive the vehicle when there are other automobiles seeking to reduce the speed prior to the left turn to the driver of the vehicle.

Nevertheless, the defendant's negligence of making the left turn turn to the left without putting the front left turn, caused the victim to go beyond the ground floor, and caused the victim to go beyond the ground floor of the defendant's vehicle. At around 01:25 on the same day, the defendant got the victim to go beyond the ground floor.

2. The driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled shall yield the right of way to other motor vehicles when other motor vehicles are already traveling through the intersection (Article 26 (1) of the Road Traffic Act) and the driver of any motor vehicle who intends to make a left-hand turn to the intersection where traffic is not controlled shall yield the right of way to other motor vehicles, when any other motor vehicle intends to drive straight through the intersection or turn

(Article 26(4) of the Road Traffic Act. In the event of a collision between a straight-line vehicle and a left-hand vehicle, the order of priority of passage between each vehicle shall vary depending on whether the vehicle to turn left-hand turn is "at an intersection".

In addition, if a driver recognizes the intersection as such in a situation in which he/she can pass the intersection without an accident and enters the intersection first, he/she shall be negligent, unless there are special circumstances.

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