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(영문) 대전지방법원 2016.03.25 2015노1474
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

The case is remanded to the Daejeon District Court's independent trial division.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) recognized that the defendant violated the signal at the time of the instant case, and the judgment of the court below dismissing the prosecution without recognizing the violation of the signal, is erroneous in the misapprehension of the facts.

2. Determination

A. The summary of the facts charged in this case is that the Defendant is engaged in driving C Carren 2 car driving.

On 09:50 on 23, 2014, the Defendant driven the above vehicle at around 09:50, and proceeded to turn to the left at an unsured speed using one lane, driving the three-lane road in front of the fourth five-lane, Seo-gu, Daejeon, Seo-gu, Daejeon toward the right side from the flood intersection.

At this point, the signal lights are the intersection where the vehicle is in progress according to the signals.

In such cases, the driver of the vehicle has a duty of care to confirm whether there is a vehicle passing through the intersection by checking well the front side of the vehicle, and to prevent the accident by driving safely according to the traffic signals in advance.

Nevertheless, despite the fact that the signal of the running direction has been changed to the yellow light, the defendant forced to enter the intersection and proceeded to turn to the left.

At this time, the full part of the victim D(52 tax) driving E, who was directly engaged in the change side in the front side, was shocked with the front part of the above vehicle.

Accordingly, the defendant suffered injury on the left side of the victim D(52) due to occupational negligence in need of two weeks' medical treatment.

B. The judgment of the court below 1) The Defendant made a statement that “A witness D, in his front of his front signal, started immediately without checking at all whether the signal in his front is in the cross-section of a green changeer,” as to whether the Defendant entered the yellow signal (the video at the time of the accident scene) and “A person started immediately without checking at all whether the signal in his front is in the cross-section of a green changeer,” which is earlier than D, even in the image where the signal in the front of the accident scene was taken.

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