logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2014.12.05 2014고단1429
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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

Around 16:05 on August 18, 2014, the Defendant, while driving C Freight Vehicles and making a left-hand turn at the right-hand side of the 38 former radio wave control station prior to the 38 former radio wave control station at the city of Jeju, was negligent in performing the duty of care to prevent an accident by accurately operating the steering gear, and by neglecting the duty of care to prevent an accident, the Defendant caused the victim D (the age of 81) who crossed the above shooting distance from the right-hand side of the vehicle to the left-hand side of the Defendant’s vehicle by taking the victim D (the age of 81) who was crossing the above shooting distance from the vehicle driving direction to the left-hand side of the Defendant’s vehicle and caused the victim’s serious injury to the right-hand side due to the injury, such as an external refladation, blood transfusion, etc. requiring treatment for at least 6 months.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the de facto survey report, CCTV-faging photographs, and a letter of reply to intentions;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Punishment: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act;

1. Suspension of execution: A suspended sentence shall be imposed as ordered in consideration of all the following circumstances, taking into account the following circumstances: the scope of recommendation, sentence and sentence [in case of traffic crimes, general traffic accidents, Type 1 (Bodily Injury by Traffic Accidents), basic area (in case of serious injury: in case of serious injury, no penalty is imposed; in case of special mitigation; in case of a victim, there is considerable negligence to expand traffic accident damage), April of imprisonment without prison labor - 10 months] on the grounds of sentencing under Article 62(1) of the Criminal Act (see Article 51 of the Criminal Act as stated in the grounds for sentencing), the following circumstances are considered: A favorable normal circumstance: (a) recognition of and reflects the facts of crime; (b) agreement with the victim; (c) there is no history of criminal punishment after 201; (d) the occurrence of the accident is very serious; (d) the occurrence of the same criminal offense is committed; (e) a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc.; and (e) other fine 250 million won).

arrow