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(영문) 서울중앙지방법원 2013.03.21 2013노157

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (one year and six months) is too unhued and unfair.

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

2. While the Defendant, as a taxi driver, is required to operate a taxi in compliance with road traffic-related laws and regulations, such as compliance with the speed limit for passenger safety, the Defendant is driving a taxi beyond the limited speed, disregarding the demand of the victim N, who is the passenger of the taxi to reduce the speed.

In light of the fact that F's car parked in the traffic signal atmosphere, and furthermore, the center line was invaded and the vehicle of the victim H and J driving conflict with each other annually, the traffic accident in this case led to the death of the taxi passenger L and F, and the traffic accident in this case led to the death of L's husband and the N, who was the taxi passenger, and the J suffered the injury requiring each treatment between 6 weeks and 2 weeks, the crime in this case cannot be deemed to be significantly poor.

However, as consistent from the investigation stage to the trial stage, the defendant's mistake is remarkably divided and reflected in his depth, the taxi of the defendant's driver is admitted to the taxi mutual aid association, the victim's bereaved families and N, and J are not wanting to punish the defendant, and the victim's bereaved families and bereaved families of the above victim do not want the punishment against the defendant by mutual consent with the victim's netF's bereaved families at the police investigation stage. In addition, the victim's bereaved families have reached the trial stage, and the defendant is also receiving medical treatment until now after receiving the surgery due to the traffic accident in this case, such as the frame of the prosecution and the river, the light blood transfusion, etc. due to the traffic accident in this case, and the defendant has no record of being punished as a traffic accident other than a fine of KRW 1.5 million due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents on 206, and all of the sentencing conditions shown in the arguments in this case, such as the defendant's age, character, and family environment.