beta
(영문) 제주지방법원 2017.11.30 2017고단1081

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of fixed cargo C.

On January 29, 2017, the Defendant driven the above cargo without a driver's license of a motor vehicle on January 16:30, 2017, while driving at the 4th intersection in front of Jeju, Do at the intersection, with the same side from the right side of the road.

Since there was an intersection at the front of that place, the person engaged in driving of a motor vehicle had a duty of care to reduce the speed and prevent the accident by safely driving the front door in advance.

Nevertheless, the Defendant neglected to do so and went to port from the right side of the running direction due to the negligence of the Defendant’s negligence, and received the front portion of the passenger car from the said Defendant’s driver’s vehicle to the right side of the driving direction.

Defendant 2 suffered injury to the victim, such as salt dynasium, tension, etc. in need of approximately two weeks of treatment due to negligence in the above business.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Relevant photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning criminal facts;

1. Selection of imprisonment without prison labor or imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) each of the crimes of this case committed on March 30, 2015, each of the crimes of this case committed during the suspension period of execution after being sentenced to two years of suspension of execution on March 30, 2015; (b) the history of punishment for the violation of the Road Traffic Act (unlicensed Driving) is up to five times; (c) the occurrence of a traffic accident while driving the instant non-license and causing injury to the victim; and (d) drinking alcohol.