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(영문) 광주지방법원 2013.05.22 2013노621

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant is too unreasonable.

2. The Defendant, in violation of the duty to protect pedestrians at the signal and crosswalk, caused the death of the victim D. The Defendant continued to commit the central line and sustained two weeks of injury to the victim E and H. The Defendant was sentenced to a suspended sentence of two years on April 19, 2012 due to a violation of the Punishment of Violence, etc. Act (joint injury) on the part of the Defendant, who was sentenced to a suspended sentence of one year and six months on April 27, 2012. On November 26, 2012, the judgment became final and conclusive, who was sentenced to a fine of 1.5 million won on November 26, 2012 during the suspended sentence. The Defendant continued to commit the instant crime again during the suspended sentence due to the lapse of one month after the date of the said crime, and even if the Defendant’s vehicle driven was covered by comprehensive insurance, it appears that the Defendant had not been subject to comprehensive insurance, and that the Defendant did not have been convicted of the same type of crime as his/her bereaved family member and the Defendant did not have been subject to the Defendant’s punishment.

The defendant's age has yet to work in a cafeteria and a restaurant faithfully, and the people of the defendant, including the president of the cafeteria, wanting to live in the future in good faith if the defendant is to be elected, and if the defendant is sentenced to imprisonment without prison labor, the existing suspension of execution should be invalidated and the defendant has to live in custody for a considerable period of time.