logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2015.12.18 2015고단1571
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 EXE car.

At around 10:30 on September 1, 2015, the Defendant driving the said two-lane road in front of the “Driju station” located in Jeju, thereby driving the said vehicle at a speed of approximately 71-72K at the speed of Si, depending on one lane from the side of Sungsan Eup to Jeju.

At this point, there is a limited speed of 50km per hour, and there is a bus stop and crosswalk in the vicinity, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to verify whether there is a person crossing the road by complying with the restricted speed and by properly examining the entire course and the left and right of the road, and to drive the motor vehicle safely.

Nevertheless, the defendant neglected this and found the road to the right side from the left side of the proceeding direction by the negligence where the speed exceeds about 21 to 22 km per hour, and caused the victim E (the age of 83) to be cut up to the ground, and did not avoid it, and did not go up to the ground by the defendant's driver and pent part of the left side of the above vehicle.

Ultimately, the Defendant caused the death of a victim due to the injury of an external wound from the workplace due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, official documents, investigation report ( Results of on-site inspection by the Road Traffic Authority), and investigation report;

1. A death certificate;

1. Application of Acts and subordinate statutes to the scene of an accident, photographs of vehicles adjacent to the accident, and field photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of imprisonment without

1. On the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the sentencing guidelines provided for in Article 62(1) of the Criminal Act shall be recommended, sentenced (traffic crime group, general traffic accident, type 2 (traffic accident death, etc.), area of special mitigation, and circumstances favorable to the determination of the sentence as ordered in consideration of the following circumstances:

arrow