logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2015.08.21 2014고단1796
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

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

On May 7, 2014, the Defendant driven the above cargo vehicle at around 06:47, and led to a two-lane of the new intersection of the seven-lanes in the Sinpo-Eup, Seopo-si, Seopo-si, Seopo-si, Seopo-si.

At this point, there was an intersection where signal apparatus was installed in the front bank, so there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle by driving the motor vehicle with a sense of speed before entering the intersection and driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant, while running a speed of about 85 km at a speed of speed, was negligent in disregarding the signal of stop on the front side of the road and proceeded along as it was, and received the right right side part of the victim D(77 years old) driving Erati Vehicle, which was proceeding in accordance with the new name from the left side of the road.

Ultimately, the Defendant’s occupational negligence caused injury to the above D, such as an influoral brain fluor, etc., on the day of treatment, and caused an influorous or incurable disease that requires the full help of others in the execution of daily living action, and caused the victim F (F, 70 years of age) who was taking advantage of the said car to the said car due to a scarcity damage caused by a traffic accident.

Summary of Evidence

1. The police statement concerning G;

1. A written statement prepared by H;

1. The actual condition survey report;

1. The fact-finding reply;

1. A written result of autopsy;

1. Application of the legislation in its opinion;

1. Article 3 (1) and the proviso of Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

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: Article 62(1) of the Criminal Act (The following conditions of sentencing under Article 51 of the Criminal Act shall be considered).

arrow