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(영문) 부산지방법원 2013.04.05 2013노51

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

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

2. The point of view is that the time of the instant accident is low on Sundays and that the place of the accident is going ahead of the church, it is anticipated that the passage of people would be somewhat possible. The Defendant would have been able to prevent the occurrence of the instant accident or the death of the victim if the Defendant immediately stopped the instant vehicle even after he paid a little attention, or he was able to prevent the occurrence of the instant accident or the death of the victim. Nevertheless, the Defendant did not immediately stop the victim immediately due to his shock and driving, leading the victim to a considerable distance, leading the victim to the death. Although the victim was parked on the alleyway, it was difficult to find the victim itself in advance due to the vehicle parked on the alley, even if considering the above situation, considering the Defendant’s negligence and the result therefrom, it is inevitable to agree with the bereaved family members, and even if the bereaved family members of the victim complained of mental suffering, it is inevitable to have a sentence imposed upon the Defendant heavier punishment against the Defendant to the court.

However, in the occurrence of the accident of this case, the above behavior of the victim was one of the causes, and the defendant recognized the crime of this case and took care of the wrongness through confinement for about 120 days, and it seems that the defendant himself has suffered a big amount of criminal liability due to the crime of this case, such as disposing of the vehicle after the accident of this case and not driving it in the future, the fact that the vehicle is covered by the comprehensive motor vehicle insurance, the considerable amount of money for the victim's bereaved family members, and the previous criminal punishment was imposed for the same kind of crime.