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(영문) 의정부지방법원 2016.05.11 2016노276

교통사고처리특례법위반등

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All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the prosecutor’s (1) misunderstanding of the legal principles and the record of an emergency medical center (the result of a factual inquiry) prepared by the physician L of the medical center located in Gyeonggi-do medical center located immediately after the Defendant was aware of the facts, the victim of the instant case testified to the effect that “Rt. facis and eye’s face, eye’s face, LOC(--), and LOC did not have any food room,” and that “the victim of the instant case was under the influence of the Defendant at the time” at the court of the lower judgment.

Nevertheless, there was a mental and physical loss of the defendant.

Recognizing the facts charged in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act, the court below erred by misapprehending the legal principles as to mental and physical loss and thereby affecting the conclusion of the judgment.

(2) The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too uneasible and unfair.

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

2. Determination

A. On February 27, 2015, around 14:20, the Defendant: (a) driven a car with C Ctera, and neglected to perform his duty of 310 free will in the mountain area of the Sin-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

As a result, the Defendant caused the victim to suffer injury to brain-dead, etc. requiring medical treatment for about three weeks due to such occupational negligence. At the same time, the Defendant destroyed the above cargo vehicle to repair cost of KRW 28,408,257, such as exchange of the above cargo, and the above covering KRW 4,84,400, respectively.

(b) prosecutors;