logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.05.11 2016고단35
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car at C in a mountain.

On October 26, 2015, the Defendant: (a) driven the said car on the front of D at Jeju Island around 11:20, and (b) was under way the Han Gyeong Gung-ri, one of the instant car was straightening from the East East International Art Gallery.

At this point, the center line is not installed, and a bend and a slope was the right side of the road, and the usual accident occurred frequently.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly operate the brakes of the motor vehicle while driving on the front side and the right side, and to prevent collision with a motor vehicle that proceeds from driving on the center of the road.

Nevertheless, the defendant neglected to perform the above duty of care and was driving rapidly on the part of the above road and was driving on the part adjacent to the above road of the victim E(38 S) who was driving on the above road, and did not avoid the fiter vehicle of the above road, and received the front part of the Track vehicle as the front part of the above vehicle, and suffered approximately three weeks of the left side of the Track vehicle in need of approximately 12 weeks of medical treatment to the victim, and suffered a closed plebr, which requires approximately 12 weeks of medical treatment to the passenger G of the damaged vehicle (the 35 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. E statements, actual survey reports, and photographs of accident scene;

1. Statement made by the police for E;

1. Each written diagnosis;

1. Application of the investigative report (on-site investigation and confirmation of the records of damaged vehicles), F Blus video CDs Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act; Selection of imprisonment without prison labor;

1. Suspension of execution: It is so decided as per Disposition for the reasons under Article 62 (1) of the Criminal Act or more;

The reason for sentencing (within the range of sentencing sentencing guidelines) is the injury of general traffic accidents and the basic area:

arrow