2014rd part 10434 Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

A

Gu Council (public prosecutor acting on behalf of, indictment for, and leaptable (public trial)

Attorney B (Korean National Assembly)

June 10, 2015

The defendant shall be innocent.

The summary of the judgment of innocence shall be published.

1. Facts charged;

The Defendant is a person who drives Csch Rex first-aid vehicles in Ireland.

On October 5, 2014, the Defendant driven the above vehicle at around 21:10, and proceeded at the speed of about 30 km in the speed of Si/Gun/Gu, depending on one lane from the side of the inner intersection to the intersection. Since the front side is a private-distance intersection where signal apparatus is installed, a person driving a motor vehicle has a duty of care to reduce speed and safely drive the front side and the right and the right and the right and the right and the right of the motor vehicle and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded as it is in violation of the signal to red stop signal, and was placed in front of the victim D(66 years old)-on-hand taxi driving from the right side of the running direction of the Defendant, to the left side of the victim D(66 years old)-on-hand taxi.

As a result, the Defendant suffered, by negligence in the above business, around two weeks from the victim D, salt tensions and tensions, etc., and the victim F, who is the passenger boarding the damaged vehicle, for about three weeks of medical treatment. In addition, the Defendant suffered, respectively, the injury of the victim F, who is the passenger boarding the damaged vehicle, including salt ties and tensions for three weeks of medical treatment.

2. Determination

(a) Relevant provisions under the Road Traffic Act;

2. The term "emergency motor vehicles" means any of the following motor vehicles, used for emergency purposes:

(b) Emergency vehicle Article 5 (Obligation to Comply with Signals or Instructions);

(1) Pedestrians who walk roads, drivers of motor vehicles, and riders of horses that move along roads shall observe signals and instructions conveyed and given by traffic safety facilities, and signals and instructions given by persons falling under any of the following subparagraphs:

(2) No emergency motor vehicle may stop due to urgency or inevitable reasons, notwithstanding cases in which it is required to stop in compliance with this Act or any order issued under this Act.

(3) The driver of any emergency motor vehicle shall pass along the traffic safety in the case of paragraph (1) or (2).

(a) When an emergency motor vehicle approaches the intersection or in the vicinity of the intersection, the driver of any motor vehicle shall avoid the intersection and temporarily stop at the right edge of the road. (On the other hand omitted), Article 30 (Special Cases for Emergency Motor Vehicles)

Matters falling under any of the following subparagraphs shall not apply to emergency motor vehicles:

1. Restrictions on the speed of motor vehicles provided for in Article 17: Provided, That where the speed of emergency motor vehicles is restricted on emergency motor vehicles under Article 17, the provisions of the same Article shall apply to them;

(b) Fact of recognition;

According to the evidence duly adopted and examined by this court, the following facts can be acknowledged.

① At the time of the instant accident, the vehicle driven by the Defendant was a first-aid vehicle belonging to the Korea Emergency Transport Team, and was in the process of urgently reporting low blood pressure and illegal connection emergency patients at Kimhae-dong Hospital to the shipping substitute white hospital. At the time of the instant accident, the vehicle operated by the Defendant with light light, sound a siren, and operated a siren.

② The Defendant was moving the instant intersection from the outer intersection to the outer intersection of the outer intersection to the outer intersection of the outer intersection. The Defendant was a red signal, etc. at the time of entering the intersection.

③ At the same time, the victim reported the green signal, etc. to the intersection of this case at the east Police Station, which was stopped in the three-lanes from the east Coast Guard to the east Coast Guard. At the time of departure, the vehicles located in the first and second lanes in the same east At the time of departure were in the stop condition in order to drive the ambulances of the Defendant.

④ The instant accident is facing the victim’s vehicle and the victim’s vehicle located in three-lanes around the crossing of the Defendant’s vehicle. The front part of the Defendant’s vehicle and the front part of the victim’s vehicle are shocked.

C. Determination

According to the above relevant provisions and facts, since it is difficult to view that the Defendant was operating an emergency motor vehicle at the time of the instant accident in an urgent and inevitable situation, it is difficult to view that there was a duty to stop and speed limitation in accordance with a signal signal instruction under the Road Traffic Act (for instance, there is room to regard the victim as violating the duty to temporarily stop traffic on emergency motor vehicles). In addition, considering the above facts, it is difficult to recognize the instant facts charged under the premise that the Defendant breached the duty to stop traffic safety under Article 29(3) of the Road Traffic Act, and it is difficult to readily conclude that the Defendant violated the duty to perform traffic safety

3. Conclusion

Thus, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered in accordance with the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is announced in accordance with Article 58(2)

Judges Kim Jae-young