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(영문) 창원지방법원 2015.01.13 2014고정634
교통사고처리특례법위반
Text

1. The defendant is not guilty. 2. The defendant will notify the defendant of the summary of the judgment.

Reasons

1. Around 11:55 on February 9, 2014, the summary of the facts charged: (a) driving a Drocketing car and passing through the first line out of the second line of the second line of the two lines at the right angles from the front section of the two lines, from the front section of the two lines, the intersection of the light shooting distance was driven by the victim E (17 years old) who entered the intersection as it was turned into the yellow signal. However, even if the green signal changed to the yellow signal, the victim E (17 years old) who turn to the left from the right direction of the human traffic was driven by the victim E (hereinafter referred to as “E”), who entered the intersection as it is, due to occupational negligence.

The Defendant, while driving the G urban bus at the above temporary crossing, passed through the second line of the second line of the two lanes from the surface of the lower distance at the intersection. While the green signal was changed to the yellow signal, the Defendant re-sprinked the above lebane when the victim was driven by the occupational negligence entering the intersection, which led to the shock of the said leba car, and re-sponsed the said leba when the Defendant re-sponsed the said leba.

Ultimately, as the defendant and C's negligence competes with each other, the victim suffered injury, such as a ductal, which requires treatment for about five weeks.

2. Determination

A. The facts constituting an offense prosecuted in a criminal trial must be proven by the prosecutor, and the judge should be found guilty with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

(See Supreme Court Decision 2005Do767 delivered on April 15, 2005, etc.). B.

살피건대, 기록에 의하여 인정되는 다음과 같은 사정, 즉 ① 피고인은 피고인의 버스와 피해자의 오토바이가 2차 충돌하기 전 피해자는 이미 쏘나타 승용차와의 1차 충돌로 인해 오토바이에서 튕겨져 나간 상태였다고 주장하며 이 사건 공소사실을 부인하고 있고, 이 사건...

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