logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2015.09.03 2015고단226 (1)
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 the driver of a wing-in vehicle B.

On January 29, 2015, at around 23:45, the Defendant driven the said vehicle under the influence of alcohol content of 0.10% without a driver’s license, and proceeded at a speed of about 60 km from the side of the raw village of Yong-do to the upper village of Yong-do.

At that time, it was night and a road plucked on the left side, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent an accident by properly examining the front side and the left side.

Nevertheless, the defendant neglected to drive his vehicle while driving the road, left the road, and cut down trees on the right side of the road.

The Defendant suffered, by such occupational negligence, injury to the victim C (Nam, 19 years of age) who is the passenger of the foregoing vehicle, such as a ductal to the right edge, which requires approximately 14 weeks of medical treatment, and injury to the victim D (Nam, 19 years of age) who is the passenger of the foregoing vehicle, such as a need for approximately 6 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Each written diagnosis;

1. Report on the occurrence of a traffic accident, a report on the actual condition of traffic, a traffic accident evidence and photograph, and an inquiry into the results of drinking control;

1. Application of Acts and subordinate statutes to investigation reports (on-site situations);

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and the violation of the Road Traffic Act, each choice shall be sentenced to imprisonment;

1. Of concurrent crimes, the lower limit of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply;

arrow