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(영문) 서울동부지방법원 2016.05.26 2015노1313
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (misunderstanding of the facts) is as follows: (a) although the defendant did not violate signal signals, the court below found the defendant guilty by recognizing the fact that he did not proceed with yellow signals; and (b) there is an error of law by mistake

2. In full view of the following circumstances acknowledged by the lower court and the evidence duly adopted and examined by the lower court, such as the comprehensive traffic accident analysis report and response by the Road Traffic Authority, the Defendant violated a signal by proceeding with yellow signals.

The judgment of the court below with the seal is just and there is no error of law by mistake of facts alleged by the defendant.

A. The green signal turned on the driving direction of the two-wheeled vehicle that the victim drives and entered the right direction of the passage after 3 seconds. In light of the crime prevention CCTV images of the eropiced, according to the above pedestrian signals, the pedestrian began to cut off the crosswalk, and after 0.6 seconds, the two-wheeled vehicle of the victim appeared in the image, and the collision between the victim's two-wheeled vehicle and the defendant's vehicle occurred after 1.6 seconds from the commencement of the collapse of the pedestrian.

The point of collision of a victim's two-wheeled vehicle is 22 meters away from the stop line immediately before the passage.

In this regard, the victim's two-wheeled automobile seems to have started with the normal green signal.

B. The signal apparatus taken from CCTVs on spirits as sun-dried and the signal apparatus at the point of the instant accident are a signal system linked to each other.

In this regard, the above CCTV signal is converted from red to green, and approximately 1.3 seconds after the defendant's driving, appearing in the front of the SM5 car.

Defendant

The distance from the immediately preceding stop line to the point where the vehicle first appeared is 17.6 meters. At the time, the speed of the Defendant vehicle is calculated at 20 km/h, so it is possible to proceed to the point where the vehicle first appeared on about 3 seconds per hour, and yellow signal is 4 seconds, the Defendant vehicle passed the yellow signal.

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