(영문) 수원지방법원 2015.05.01 2014노3824 | 리걸엔진

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(영문) 수원지방법원 2015.05.01 2014노3824

교통사고처리특례법위반

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Since a mistake of fact entered the intersection where the accident of this case occurred, the court below erred by misunderstanding the facts and finding the guilty of the charges of this case, although there was no negligence as to the accident of this case.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. On August 26, 2013, the Defendant, who is engaged in driving CNEW franchise-XG automobiles, was negligent in neglecting the duty of care to prevent the accident from occurring from the right side of the Defendant’s course while driving the NAW-based car, driving the NAW-based car at the right side of the NAW-based hospital located in Sungnam-si, YY-dong, and driving the NEW-based car at the right side of the NAW-based station located in the front of the NAW-based road along the NAW-based station located in the front of the NAW-based station located in the front of the NAW-based station. In doing so, the Defendant sustained the injury of the victim D, the victim, and the NA by failing to perform the duty of care to prevent the accident from occurring.

B. Article 26(1) of the Road Traffic Act provides, “The driver of a vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled shall yield the course to other motor vehicles, if there are other motor vehicles already entering the intersection.” Thus, in the case of a motor vehicle which enters the intersection, the driver of the other motor vehicle should yield the course to the other motor vehicle, and barring special circumstances, the driver of the other motor vehicle who first enters the intersection is obliged to yield the course to the other motor vehicle, and cannot be said to have the duty of care to avoid and drive the motor vehicle in preparation for the situation that the driver

As to the instant case, the lower court erred by misapprehending the legal doctrine.

참조조문

-도로교통법

-도로교통법 제26조 제1항

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