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(영문) 청주지방법원 2020.05.21 2019노892

교통사고처리특례법위반(치사)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against Defendant (two years of a year of imprisonment without prison labor) is too unreasonable.

B. In light of the fact that the prosecutor’s victim’s death was serious, that the case was not agreed with the victim’s bereaved family, and that the damage recovery was not sufficiently possible, the lower court’s punishment is too uneasible and unfair.

2. Determination of the grounds for appeal of this case led to a grave consequence of the death of the victim, and the fact that the defendant did not agree with the bereaved family members of the victim is disadvantageous to the defendant.

However, the court below's punishment is unreasonable in light of the favorable circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstance after the crime, etc., where the defendant's family and employer wanted to take into account all the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character, environment, motive, means and consequence of the crime, etc., and other favorable circumstances, such as the defendant's family and employer's life in Korea, support the child with her mother and her mother, living in Korea. The punishment of the court below is unreasonable.

3. Since the appeal by the prosecutor of the conclusion is without merit, and the appeal by the defendant is with merit, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the appeal is

(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed in its disposition).”