logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.10.10 2019노311
교통사고처리특례법위반(치사)
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (the 3 years of suspended execution in one year and six months of imprisonment without prison labor, the 240 hours of community service order, and the 40 hours of order to attend a compliance driving lecture) of the court below is too unreasonable.

2. It is recognized that the instant accident occurred while the Defendant was driving at a limited speed beyond the restricted speed even though the Defendant had to be speeded at the time of rain, the occurrence of a serious consequence of the victim’s death due to the instant accident, and the occurrence of the force of fines due to the violation of the Road Traffic Act (driving).

On the other hand, it is recognized that the defendant led to the crime of this case and recognized the mistake thereof, and that the negligence of the victim who was crossing the 8th line road from night to night competes with considerable amounts of negligence, and that the accident of this case occurred, and that the bereaved family members do not want the punishment of the defendant.

In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case and all of the sentencing factors indicated in the proceedings and records of the crime, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (the treasury 2 months to

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. The range of recommendation [decision of types] the number of traffic accidents [type 2] the number of general traffic accidents resulting [including a special person] mitigation element: In the event that the victim has been negligent due to considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including a serious effort to recover damage), [the scope of recommendation and recommendation] special mitigation area, imprisonment without prison labor for February to 1 [the grounds for suspension of execution] major pride grounds: In case where the victim has been negligent due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment - In case where the occurrence of death or serious injury occurs or the escape causes significant danger to his/her life due to his/her escape, the victim is not subject to suspension of execution, and the comprehensive motor vehicle insurance;

arrow