logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.02.10 2016고단1830 (1)
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 a CM3 car.

On December 9, 2015, the Defendant driven the above car on the 19:17th day of December, 2015, and proceeded to the north Korean Industrial Complex at the intersection of the entrance of the government office in the west-dong of Jeju, the Defendant proceeded to the north Korean Industrial Complex from the private street, and proceeded to the private street again.

At this time, there was a place where traffic is controlled by signal apparatus, so in such a case, there was a duty of care to safely proceed in accordance with the signal and instruction of a person engaged in driving of a motor vehicle.

Nevertheless, even if the Defendant neglected this and did not permit U-turns to proceed, the left-hand part of the E QL125A, driven by the victim D(23 tax) who was driven by the new subparagraph, was driven by the Defendant’s driver’s vehicle, was shocked in front of the left-hand part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the above victim by negligence on the part of the above business, such as cutting the bones of fingers, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Written statements prepared by D;

1. On-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to a signal cycle, and a CD analysis report);

1. Relevant legal provisions and the choice of punishment for a crime: Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Order of community service: The sentencing criteria under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., and the following circumstances shall be determined as ordered by taking into account:

The favorable circumstances: The fact that all facts constituting the crime are recognized, and the amount for the victim after the prosecution is instituted.

arrow