(영문) 서울중앙지방법원 2018.09.06 2018노1351

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(영문) 서울중앙지방법원 2018.09.06 2018노1351

교통사고처리특례법위반(치상)

Text

The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) in the instant case, the punishment imposed by the lower court (including imprisonment without prison labor for August, suspension of execution for two years, and community service for two hundred hours) is too unreasonable.

2. The Defendant is not liable for committing a crime in that the Defendant suffered significant injury, such as a remarkable fall in the function of recognition that caused the victim’s non-scheduled surgery, a prop-offing surgery, the right-side frame, etc., due to the shock of the victimized person by a taxi vehicle that was driven by neglecting his/her duty of care in the front direction, and the victim suffered significant injury, such as a drop in the function of recognition, a decline in the device, and walking disorder.

However, the defendant does not again commit the crime of this case while recognizing the crime of this case.

In light of the following circumstances: (a) there is gross negligence of crossing a six-lane road from night to night; (b) the victim’s age (86) seems to have caused the serious consequence; (c) the vehicle driven by the defendant was admitted to the taxi mutual aid association on August 11, 2018; and (d) the victim did not want the punishment of the defendant due to the defendant’s agreement with the victim on August 11, 2018; and (d) the defendant did not have a criminal record for the same crime; and (e) other circumstances, such as the defendant’s age, sex, criminal conduct, occupation and environment; (e) the motive and circumstance leading to the crime of this case; and (e) the circumstances before and after the crime, etc., the court below’s punishment is too unreasonable. Thus, the above assertion by the defendant is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court shall be as follows.

유사 판례

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