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(영문) 대구지방법원 상주지원 2016.08.23 2016고단139
교통사고처리특례법위반
Text

1. Defendant A shall be punished by imprisonment without prison labor for eight months, and Defendant B by imprisonment without prison labor for one year;

2.Provided, That this judgment shall become final and conclusive, respectively.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving of the Ewing and Class III cargo vehicle.

On October 21, 2015, the Defendant driven the above cargo vehicle on October 18:25, 2015, and moved to the fF on the side of the two sides of the same side at the time of residence.

At least 60 km per hour as a village front of the village where the center line of one lane is marked, and it was difficult at the time to move around at night. Therefore, a person engaged in driving of a motor vehicle has a duty of care to observe the speed limit while driving the motor vehicle well, safely driving the motor vehicle in order to prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded at a speed of about 84 km per hour exceeding 24 km above the above speed, and found the victim G (W, 57 years old) who crosses the road to the right side from the left side of the running direction of the Defendant at the speed of Madle, and did not keep the front side well, and did not avoid any collision, but did not get the victim to use the front side of the left side of the driver's vehicle.

Ultimately, the Defendant suffered injury, such as the bones dynassis, etc., from both parties, which could not be known to the victim due to the above occupational negligence.

2. Defendant B is a person engaging in driving a H rocketing car.

The Defendant was driving the said car at the date, time and place specified in paragraph 1, and had it run from the side of both the two crimes to the side of the deaf-si.

At the time, the road, which is located at night and where the center line of one lane is marked, has been used over the center line after the occurrence of traffic accidents as described in paragraph 1, and the victim has reached a signal to the effect that the accident occurred in the vicinity of the victim, and thus, the driver of the motor vehicle is able to reduce the speed of the motor vehicle and the vehicle is well around it.

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