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(영문) 춘천지방법원 2017.01.12 2015노1279
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the attitude of the Supreme Court precedents (Supreme Court Decision 90Do536 delivered on September 25, 1990) regarding traffic accidents caused by the central collision of the grounds for appeal (misunderstanding of legal principles), the Defendant entered a safety zone where entry is prohibited without extenuating circumstances, and the instant accident occurred in the course of re-entry into one lane, and the accident occurred in the course of operating the safety zone as well as the negligence of operating the vehicle in violation of the direction indicating safety signs.

Therefore, it should be deemed that the Defendant’s safe zone and the occurrence of the instant traffic accident are reasonable in relation to the occurrence of the traffic accident.

2. Where the driver causes a traffic accident by violating signals displayed by signal apparatus under Article 5 of the Road Traffic Act, or directions given by safety signs indicating prohibition of traffic or temporary suspension under Article 4 (1) (proviso) 1 and Article 3 (2) (proviso) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, or by failing to comply with traffic signals or directions given by traffic policemen under Article 5 of the Road Traffic Act, the driver shall be deemed to have subscribed for a comprehensive motor vehicle insurance;

It is also possible to institute a public prosecution against the driver of the vehicle.

Article 5 (1) of the Road Traffic Act provides that drivers of horses shall follow signals and instructions expressed by traffic safety facilities.

Therefore, in order to fall under Article 3 (2) (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, traffic accidents should occur due to the transfer of traffic accidents by a vehicle-math driver in violation of signals or instructions indicating traffic safety facilities.

A safety zone shall not enter a road marked with a safety sign or any similar artificial structure for the safety of pedestrians crossing the road or traffic math (Article 2 subparag. 14 of the Road Traffic Act), and drivers of the vehicle shall not enter any place, such as a safety zone, in which entry is prohibited by safety signs (Article 13 subparag. 5 of the Road Traffic Act).

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