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(영문) 대구지방법원 경주지원 2015.01.07 2014고정135

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 8, 2013, the Defendant driven a c universal bus belonging to Dong-dong Tourism (State), and driven the above bus around 15:25 on December 15, 2013, and led to the operation of the above bus on the street 3.9 kilometer-ro 3.9 kilometer-dong, Young-si, Hong-si, to the ground of the debris dicump.

In this case, the person engaged in the driving of motor vehicles has a duty of care to safely turn back the driver's office and prevent various traffic accidents according to his/her own lane.

Nevertheless, the Defendant neglected to do so and caused a collision on the left-hand side of the damaged vehicle D-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing, leading to the central line, leading

As a result, the Defendant suffered from the injury of salt, tension, etc. in the bones of necks, tensions, etc. in need of treatment for about two weeks from the above occupational negligence to the driver E of the victimized vehicle (the age of 50), and the injury of climatic salt, tensions, etc. in need of treatment for about two weeks to the passenger F (the age of 52), and the injury to G (the age of 52) in the light of climatic tensions and tensions requiring treatment for about two weeks.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. Application of Acts and subordinate statutes to a traffic accident report, actual condition survey report, photograph, each diagnosis report, estimate, verification personnel who has joined the automobile mutual aid association, and a report on investigation;

1. Article 3(1) and proviso of Article 3(2)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act regarding criminal facts, the accused and the defense counsel of the instant accident place are where the center line cannot pass without breaking the center line due to the characteristics of the road. Thus, the instant accident place is alleged to the effect that the center line in the instant accident is force majeure. However, considering the road characteristics of the instant accident place, the center line may not be invaded.