logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2015.02.12 2014고단1762
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

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

On November 4, 2014, at around 07:50, the Defendant was driving a D New Tour XG car, and the Defendant was driving down from the right side to the right side of the next two lanes from the two-lane road located at a point 545m East East East East-dong, a one-day one-day one-day one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one.

At the time, there was a duty of care to maintain a sufficient safety distance for the defendant who is engaged in driving of the motor vehicle and drive the motor vehicle safely by checking the situation of the front side.

Nevertheless, the Defendant neglected to do so and overly close to the above horse, which led to the death of the victim who fell down on the right side of the road, in front of the right side of the Defendant’s driver’s car. This led to the death of the victim who fell down on the right side of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. The application of Acts and subordinate statutes to each photograph, actual condition survey report, dead body autopsy report;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Punishment: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal

1. Suspension of execution: Recommendation, sentence scope [the scope of sentence [the traffic crime group, general traffic accident, type 2 (Death of traffic accident, etc.], mitigation area (special mitigation factors: ................)] on the grounds of sentencing in Article 62(1) of the Criminal Act (see Article 51 of the Criminal Act as stated in the grounds of sentencing] and all the following circumstances shall be determined as per the disposition in consideration of all the following circumstances. A favorable normal circumstances: (a) is against the recognition of a crime; (b) Defendant driving car is covered by a comprehensive motor vehicle insurance; (c) Defendant driving car is covered by an agreement with the victim’s bereaved family members; and (d) is the first crime that has no record of criminal punishment: The victim is a death.

arrow