(영문) 서울남부지방법원 2013.10.11 2013노1305

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(영문) 서울남부지방법원 2013.10.11 2013노1305

교통사고처리특례법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal did not deny the direct causal relationship between the Defendant’s fault in violation of the signal and the occurrence of the traffic accident, even though the Defendant violated the signal signals and the Defendant’s fault in violation of the signal signals committed concurrently by the victim D.

2. (i)The annexed Table 3 of Article 5(2) of the Enforcement Rule of the Road Traffic Act 1. Vehicles and horses shall stop immediately before a stop line exists or at a crosswalk, and shall move out of the intersection as soon as they are already entering the intersection;

2. Vehicles and horses may make a bypass and in case of a bypassing, they shall not obstruct the crossing of pedestrians;

The phrase "the vehicle" is defined as "in case the vehicle has been changed to a yellow light before entering the intersection, the vehicle must be stopped immediately before the stop line or the intersection, so it cannot be said that the driver of the vehicle can choose whether to stop or proceed.

(Supreme Court Decision 2006Do3657 delivered on July 27, 2006). According to the evidence duly adopted and examined by the court below, the court below acknowledged the fact that, before the defendant driving his vehicle at a speed of about 50 km and reaching the crosswalk in front of the crosswalk in this case, the signal apparatus of the defendant has already been changed to yellow signal in green signals. Nevertheless, the defendant does not stop, and entered the intersection after the stop line and the crosswalk, and the victim D's vehicle driven on the right side in contravention of the signal from the direction of the defendant's course to the right side was damaged by the victim and the defendant's vehicle.

According to the above facts, the defendant has already changed the signal from green signals to yellow signal before the defendant enters the intersection where signal lights are installed.

참조조문

-도로교통법 시행규칙 제5조 제2항

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