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(영문) 서울서부지방법원 2016.07.28 2016노442

교통사고처리특례법위반

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The judgment of the court below is reversed.

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

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. In light of the following circumstances, the lower court’s sentence against the Defendant is too unhued and unfair.

In this case, without securing sufficient safety distance at the intersection, young victims of the 33-year-old age who were getting off the letoba while making a full bypassing the leto, and caused their death, and the degree of negligence of the defendant is very weak and is also very serious.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Prior to the grounds for sentencing under Article 62(1) of the Criminal Act, the sentence is determined as ordered by taking into account the circumstances and various conditions of sentencing as shown in the record and pleadings, such as the background and means of the crime, the circumstances after the crime, the defendant’s career, sexual behavior, environment, etc.

The defendant is the first offender.

The defendant agreed with the bereaved family members of the victim, and the defendant's driving vehicle is covered by a comprehensive insurance policy.

The defendant reflects his wrongness.