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(영문) 부산지방법원 2018.04.13 2017노4875

교통사고처리특례법위반(치상)

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months’ imprisonment without prison labor) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. The crime of this case is found to have been committed by the Defendant and the prosecutor, together with each of the improper arguments in sentencing. The Defendant, who is engaged in taxi driving service, did not properly look at the surrounding areas while her central line, and caused the injury to the injured party, such as the Defendant’s violation of the laws and regulations and the duty of care. Accordingly, it is recognized that the victim suffered from the injury, such as the closure of the main sentence, which requires approximately 12 weeks medical treatment.

However, considering the fact that the Defendant led to the confession of the crime, and there is no history of punishment or a fine heavier than that of the same crime, the fact that the Defendant agreed with the victim at the time of the conviction, the fact that the harming vehicle was affiliated with the private taxi mutual aid association, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime in this case, and all of the sentencing conditions stated in the arguments in this case, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the decision is rendered again after pleading (Provided, That as long as the judgment of the court below is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately). The criminal facts acknowledged by the court and the summary of the evidence are identical to the facts constituting the offense and the relevant column of the judgment of the court below, thereby

Application of Statutes

1. Relevant legal provisions concerning criminal facts and special cases concerning the selection of punishment for traffic accidents;