logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2015.08.21 2015고단385
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 January 6, 2015, the Defendant driven a tea at CJ on January 18:12, 2015, and continued the crosswalk of the attempted distance, which is located down in the lower portion of the BJ in the BJ in the BJ in the Jeju City, from the direction of the BJ to the 66-69km-dong, Jeju-do, Jeju-do, Jeju-do, Jeju-do.

At all times, the crosswalk is installed, and the victim D (70 years of age, 42 years of age) and D's son E (the 42 years of age) passed the crosswalk, so the person engaged in driving service has a duty of care to temporarily stop in front of the crosswalk and to safely cross the crosswalk.

Nevertheless, the defendant neglected to discover the victims crossinging the crosswalk and proceeded without speeding it, and caused them to the right side from the front left side of the defendant's front side by taking D and E as the front part of the above ready-light vehicle, and suffered from the blood transfusion in the head of the trauma where the number of treatment days cannot be known to D due to the shock, thereby causing them to be in an unknown state, and suffered from the injury of E, such as two escapes in charge of the right side, which requires approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. The actual condition survey report;

1. A comprehensive analysis of traffic accidents;

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

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Punishment: Article 3 (1) and (2) (proviso) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment without prison labor;

1. Suspension of execution: The reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of the reasons for sentencing), are as follows, taking into account all the sentencing criteria and other circumstances into account:

The favorable circumstances: The facts of the crime are recognized and reflected, the first offense without previous conviction, and the victims after the prosecution are agreed.

arrow