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광주지방법원 2015.04.02 2014노1619

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

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

However, one year from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment without prison labor) is too unreasonable.

Judgment

The crime of this case is an accident that occurred in a child protection zone, and the negligence of the defendant on the occurrence of traffic accidents is considerable, the victim is a child of 10 years of age, and there is a possibility that there may remain a permanent legacy due to severe injury, etc. are the factors of sentencing unfavorable to the defendant.

However, it is more favorable sentencing factors, such as the fact that the defendant recognized the crime of this case, the defendant deposited five million won for the victim, the additional damage recovery after the decision of the court below was rendered, and the father and father of the victim were fully agreed, the defendant is aged, and there is no criminal history.

In addition, considering the circumstances leading to the instant crime, the circumstances following the instant crime, the character and conduct of the Defendant, the environment, etc., as well as the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (the basic area of the type 1 of general traffic accident: imprisonment with prison labor for April to October), etc., the lower court’s punishment is deemed unreasonable, and thus, the Defendant’s assertion is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

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

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (1) and Article 3 (1) 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act

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