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(영문) 대법원 2015.11.12 2015도3107
교통사고처리특례법위반
Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The lower court determined that the Defendant’s act of changing the course to an intersection does not indicate the lane in the instant intersection, but the crosswalk was placed immediately before the intersection of the Defendant’s running road, and the white-ray and the straight-line markers that restrict the change of course of the vehicle are marked, so the above white-ray and straight-line markers are not only the section where the white-ray is marked, but also the crosswalk and straight-line markers that are located next to the intersection in order to prohibit and direct a change of course in the intersection. Thus, the lower court determined that the Defendant’s act of changing the course to an intersection constitutes “in the case of operating a vehicle in violation of the direction of safety signs indicating the prohibition of traffic pursuant to Article 5 of the Road Traffic Act,” as stipulated in Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, even if the Defendant did not actually indicate the white-line in the intersection.

2. Judgment of the Supreme Court

A. Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents provides that “In case of operating a vehicle in violation of signals provided in Article 5 of the Road Traffic Act, signals provided in Article 5 of the Road Traffic Act, or signals given by police officers, etc. for traffic control or directions given by safety signs for temporary suspension, such as prohibition of traffic or temporary suspension, shall not be charged against the victim’s express intent, in principle, the crime of causing occupational injury caused by traffic by the vehicle shall not be charged

Article 14 (4) of the Road Traffic Act (amended by Act No. 11780, May 22, 2013; hereinafter the same shall apply) shall not change the course of vehicles and horses at a place where change of course is particularly prohibited with safety signs.

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