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(영문) 광주지방법원 2015.09.10 2015노1498

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

The punishment of a defendant shall be determined by a credit cooperative for six months.

Reasons

Summary of Grounds for Appeal

A. The Prosecutor’s sentence (8 months’ imprisonment without prison labor) is too unhued and unfair.

B. The lower court’s punishment is too unreasonable.

Judgment

The Defendant was going to turn to the left by crossing the road of a narrow frame, and caused the victim F's death after being exposed to the error of the victim. The crime of this case is very heavy, and the victim F's bereaved family members still want strong punishment against the defendant, etc. are disadvantageous sentencing factors.

On the other hand, considering the following factors: (a) the defendant reflects his mistake; (b) the defendant has agreed with the victim D; (c) the defendant deposited KRW 8 million to the bereaved family members of the victim F; (d) the defendant is economically difficult; (e) the defendant has a mother and minor child; and (e) the defendant is a primary offender who has no previous criminal record; and (c) other factors of sentencing as indicated in the arguments, such as the background of the crime in this case; (d) circumstances after the crime; (e) the defendant’s age; (e) the defendant’s age; and (e) various basic crimes of sentencing according to the sentencing guidelines of the Sentencing Commission (one to one year and nine months); (e) violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against the victim F [the scope of recommendations] basic area of traffic accident; (e) imprisonment without prison labor or imprisonment without prison labor for up to one year and six months; and (e) imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against the Victims; and (g.