beta
(영문) 부산지방법원 2015.11.26 2015노3314

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment without prison labor) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The following are the circumstances that the victim suffered a very serious injury due to the instant crime, and the victim committed suicide while receiving treatment after the instant case, and the bereaved family members of the victim want to be punished by severe punishment against the defendant.

However, in light of the favorable circumstances such as the defendant's recognition of the crime of this case and the defendant's attitude against the victim's bereaved family member, when the defendant was in the trial, the defendant deposited KRW 17 million for the victim's bereaved family member, the defendant living under custody for two months in the case of this case, the defendant has no record of any particular criminal punishment other than the minor Lee Jong-sung and two times, and other favorable circumstances such as the defendant's age, character and behavior, environment, the background of the crime of this case, and the circumstances after the crime, etc., and the sentencing conditions as shown in the records and arguments of this case are considered as inappropriate.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is

(2) As long as the court below accepted the Defendant’s assertion of unfair sentencing and reversed the judgment of the court below, the prosecutor’s appeal on the ground of unfair sentencing shall not be separately determined by the order). The summary of the facts constituting an offense and evidence is identical to the description on the respective corresponding pages of the court below’s judgment, and thus, this case’s

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The Criminal Act, the suspension of execution;