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(영문) 부산지방법원 동부지원 2019.07.10 2019고정204
교통사고처리특례법위반(치상)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person engaging in driving a passenger car B.

On December 25, 2018, the defendant driving the above vehicle at around 20:40 on December 25, 2018, and proceeding the intersection in front of the 313 public truck depot in the direction of the military captain in the direction of the military captain in C from the direction of the military captain, while making the left turn to the left at an irregular speed.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving a motor vehicle has a duty of care to reduce the speed, properly look at the right and the right of the road, and safely drive the motor vehicle in accordance with the signals, to prevent the accident from spreading.

Nevertheless, the Defendant neglected this and went to the direction at the direction of the office of the captain, in violation of the signal at this time, even though the Defendant neglected to turn to the left, and went to the direction in violation of the signal, and went to the direction of the office of the captain, and came to go to the front part of the driver's seat of the driver's vehicle in D (Seoul and 23 years old) Ebbs car driving in the direction of the Cheonggang-ri Public Truck (hereinafter "the instant accident") due to the Defendant's failure to go to the front part of the driver's vehicle (hereinafter "the instant accident"), the part of the victim who stopped on the side side of the Cheonggang-ri Public Truck truck owned by the victim F(F, South, 69 years old) and stopped to the front part of the driving vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. Determination

A. According to the provisions of Article 3(2)1 and Article 4(1)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, in the case of operating a vehicle in violation of signals by signal apparatus, a public prosecution may be instituted even in the case of purchasing an insurance or mutual aid under Article 4(1) of the same Act. However, “in the case of operating a vehicle in violation of signal apparatus signals,” “in the case of operating a vehicle in violation of signal signals

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