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(영문) 광주지방법원 2015.09.23 2015노1708

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

The punishment of imprisonment without prison labor for defendants shall be determined by eight months.

However, from the final date of this judgment.

Reasons

1. The summary of the grounds for appeal (8 months) by the lower court is too unreasonable.

2. Determination of the accident of this case results in the death of the victim due to the accident of this case, the victim's bereaved family members did not reach an agreement with the victim, and the victim's bereaved family members were punished for severe punishment against the defendant. However, the defendant recognized his mistake and reflects against the defendant, the defendant subscribed to a motor vehicle comprehensive insurance, and deposited the victim's bereaved family members at the court below for the purpose of the victim's bereaved family members, the amount of KRW 30 million at the court below's trial, and the amount of a fine at the court below's trial, and the fact that there was no record of criminal punishment other than one fine, are favorable. In full view of the circumstances leading to the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and the various sentencing conditions specified in the argument of this case, the court below's appeal

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;