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(영문) 대구지방법원 2018.05.10 2017노3532
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. A summary of the grounds for appeal (misunderstanding of facts) caused the instant accident by negligence not by negligence by the defendant but by negligence by failing to make a left turn at the intersection where the other party is unable to turn to the left, in violation of the signal.

2. Determination 1) According to the evidence examined by the lower court, the following facts can be acknowledged.

A) On August 24, 2016, the Defendant driven a car at around 20:20, and proceeded to the four distance from the hospital E located in Daegu Northern-gu, Daegu Northern-gu, in the direction of the third apartment, in the direction of each ,00 elementary school.

At all times, the driver has a duty of care to live well on the right and the right and the right and the safe driving of the driver according to the traffic signals.

B) The time when the Defendant’s vehicle enters the intersection is after a considerable period of time has elapsed from the time when most vehicles run in the same direction as the Defendant pass through the intersection in the direction of the Defendant’s proceeding.

In addition, there was no other vehicle that entered the intersection at the time when the defendant's vehicle enters the intersection.

On the other hand, at the time of the victim's entry into the intersection, the victim started first more than the victim and there was a stoves that the defendant's vehicle should violate the signal system to the direction of the victim, and other vehicles waiting behind the victim's stoves also entered the intersection.

C) According to the black box box of a wooden H vehicle and the ctv in the vicinity of the instant accident site, the Defendant’s vehicle was changed to a red signal from a green straight line, but the approach to the intersection is confirmed without stopping (the investigation record 115-118 pages). On the other hand, the instant accident site was a place where the vehicle ordinarily making a left-hand turn to the left-hand turn was a place where the left-hand turn was passed.

In addition, according to the signal system at the intersection of the accident site of this case, the victim is also the victim because the vehicles coming from the opposite part are also the signal at the time when the victim's Otoba is a straight signal.

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