logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2014.05.08 2014고단272
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On February 13, 2014, the Defendant, while under the influence of alcohol of 0.130% of blood alcohol concentration on 22:45, driven a Cpoter freight with Cpoter, and proceeded at the speed of 60 km from the lower-level 2-lane of the two-lane road at the speed of 300 km away from the two-lane road at the speed of 300 km away from the lower-level one.

At the time, there is a duty of care to prevent accidents by thoroughly keeping the front-time situation as a person engaged in driving of a motor vehicle who is at night and without street lights at all times.

Nevertheless, the defendant neglected this and did not discover the victim D (at 50 years old) who was walking along two-lanes in the direction of progress by negligence, and did not discover the victim D (at 50 years old) and shocked the victim's body with the right side of the cargo.

Ultimately, the Defendant suffered injury to the victim, such as “leverage cage cage cage cages,” which requires approximately eight weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the actual condition survey report, the circumstantial statement of a host driver, and photographs;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Punishment: Article 3 (1), proviso of Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act

(k) Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, 148-2 (2) 2 of the Road Traffic Act;

U.S. Imprisonment

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and (2), and 50 of the Criminal Act (limited to the maximum of long-term punishments, but the minimum of the punishments shall be determined by the crimes of violation of the Road Traffic Act);

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order to attend lectures: Recommendations, sentences and scope of sentence on the grounds of sentencing in Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [transport crime group, general traffic accident group, and type 1 of traffic accident];

arrow