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(영문) 수원지방법원 안양지원 2015.10.30 2015고정436
교통사고처리특례법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, at around 03:10 on January 7, 2015, driven a rocketing taxi, leading up to the intersection of the private distance of the KTyang-dong National Land Research Institute to the parallel parallel from the direction to the parallel of the parallel.

At that time, the signal, etc. was installed and operated normally, so there was a duty of care to drive safely in accordance with the new code.

Nevertheless, by neglecting this, the Defendant was negligent in driving the front signal as it was, and the part on the right side side of the motor bicycle driving of D(58, south) driving a motor vehicle in the direction of driving the motor vehicle to the private distance of the Han River Hospital located in the Han River Hospital, the left side of the driving of the motor vehicle of the Defendant, was driven by the front side of the motor vehicle of the Defendant.

As a result, the Defendant suffered injury, such as softs, salt, etc., which requires approximately three weeks of treatment by occupational negligence as above, to the victim.

2. Determination

A. The term "in cases of operating a vehicle in violation of signals by signal apparatus" under Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents means cases where a violation of signals directly causes a traffic accident.

(see, e.g., Supreme Court Decision 2011Do17117, Mar. 15, 2012).

In this case, according to the following: ① the Defendant’s driving vehicle was red at the intersection at the time, and the Defendant’s driving vehicle was proceeding to gradually reduce the speed of the vehicle, but without stopping on the stop line installed in front of the crosswalk, the Defendant’s driving vehicle passes through the stop line and immediately after the Defendant entered the crosswalk, the signal on the front side was changed to green. ② The Defendant’s driving vehicle is the victim’s motorcycle, which was direct from the left side of the driving direction of the Defendant’s vehicle while entering the intersection after raising the speed of the vehicle.

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