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(영문) 대구지방법원 경주지원 2015.09.16 2015고단463
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D tourist bus.

On April 3, 2015, at around 10:45, the Defendant proceeded at a distance of four-lanes from the boundary of the non-state station in the direction of the non-state station to the direction of the non-state station, while driving at the speed of one-lanes from the direction of the non-state station.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent the smoke of all traffic accidents by checking whether there is a motor vehicle that enters the intersection through the intersection, and driving the motor vehicle safely by safely examining the right and the right of the front side.

Nevertheless, the Defendant neglected to do so and proceeded with it as it was, by negligence, received the part adjacent to the left-hand side by the victim E (the age of 65) driven by the victim E (the age of 65) driving in the direction of the new village from the front side of the given tourist bus.

Ultimately, at around 11:35 on the same day on the same day, the Defendant died of the victim at the Dong National University Hospital located in the Dong-si of the same day due to brain injury.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each police statement related to G and H;

1. The written statement of the defendant;

1. The application of Acts and subordinate statutes to each traffic accident report, a de facto investigation report, a photograph of a black fluor video, a field photograph, a driver's license register, each red inquiry, a death certificate, a death certificate, a photo, a photograph of a defense contractor, a certificate of subscription to mutual aid, an accident analysis (a tacometer), and a report on investigation;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1)(amended by Act No. 1020, Apr. 1, 2001)(amended by Act No. 1060, Oct. 2, 2011)(amended by Act No. 1060, Oct. 2, 2011)(amended by Act No. 1060, Apr. 2, 2

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