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(영문) 부산지방법원 2015.12.24 2015노1932
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the fact that the Defendant sustained injury from the victims due to negligence in the course of driving a vehicle by violating the signal as stated in the facts charged can be fully acknowledged

Nevertheless, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The Defendant charged with the instant charges is a person driving CY Shesch Rex first-aid vehicle.

On October 5, 2014, the Defendant driven the above vehicle at around 21:10, and proceeded at a speed of about 30 km from the side of the inner intersection to the intersection of the East-gu Busan along the intersection of the intersection of the road at the speed of about 30 km per hour.

Since the former bank is a private street intersection with a signal apparatus, the driver of the motor vehicle has a duty of care to reduce the speed of the motor vehicle, to live well on the front side and the right and the right, and to prevent the accident in advance by safely driving the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded as it is in violation of the signal to red stop signal, and was placed in front of the victim D(66 years old)-on-hand taxi driving from the right side of the running direction of the Defendant's vehicle to the left side of the victim D(66 years old)-on-hand taxi with the rear wheeler part of the Defendant's vehicle.

As a result, the Defendant suffered, by negligence in the above business, around two weeks from the victim D, salt tensions and tensions, etc., and the victim F, who is the passenger boarding the damaged vehicle, for about three weeks of medical treatment. In addition, the Defendant suffered, respectively, the injury of the victim F, who is the passenger boarding the damaged vehicle, including salt ties and tensions for three weeks of medical treatment.

B. According to the evidence of the judgment of the court below, ① the vehicle operated by the defendant is the first-aid vehicle belonging to the Korea Emergency Transport Service, and the G Hospital urgently carries the emergency patient of low blood pressure irs at the time of the instant accident.

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