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Defendant shall be punished by imprisonment without prison labor for one year.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a new franchise tourist bus.
Around 20:00 on March 26, 2013, the Defendant driven the above tourist bus and proceeded one-lane road in front of the Donggsan village located in Seosan-ri, Seosan-ri, Seosan-si, Jeonnam-si.
At the time, the road was at night and at the port, and the road was considerably bended to the left, so the defendant engaged in driving of the motor vehicle had the duty of care to safely drive the motor vehicle according to the road by properly manipulating the steering direction and brakes.
Nevertheless, the defendant neglected this and got the vehicle out of the right side of the direction of the proceeding by the negligence of driving the vehicle on the road, thereby leaving the vehicle on the side of the road.
Accordingly, on April 16, 2013, the Defendant: (a) caused the victim D, who is the above bus passenger by occupational negligence, to die due to the injury, such as a cage fry at the Jeonnam University Hospital located in Gwangju-gu, Gwangju-gu, and a frym fry, fry, and waste frying.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Each police statement concerning E and F;
1. Protocol of the police statement concerning G;
1. The actual survey report on traffic accidents;
1. A death certificate or a general medical certificate (D);
1. He/she shall state his/her opinion, I's medical appraisal report, and comprehensive analysis of large traffic accidents;
1. A certificate of an emergency room, or a copy of medical records;
1. A list of tourists and a contract for the charter of a tourist bus;
1. Application of Acts and subordinate statutes concerning the evidence of traffic accidents, photographs of accident bus booms, video photographs, field surveys and photographs of the Road Traffic Authority;
1. As to the defense counsel’s assertion of the relevant legal provision on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 (Selection of Depository Punishment) of the Criminal Act, the defense counsel asserts that there is no causation between the victim’s death and the death of the victim. However, the above evidence is examined.