(영문) 대전지방법원 2015.12.18 2015노3425 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2015.12.18 2015노3425

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months) is too unreasonable.

2. Determination

A. In light of the fact that the instant crime caused a traffic accident by the Defendant’s negligence and caused an injury requiring 12 weeks’ medical treatment, and that the degree of injury is not less than that of the victim, and that the victim is old, the Defendant may not be held strictly liable.

B. Meanwhile, there are favorable circumstances for the Defendant to take into account, such as the fact that the Defendant did not have been sentenced to imprisonment with prison labor or a heavier punishment, the confession of the crime, and the misunderstanding, the support of the Chinese wife and the son’s children, and the fact that the Defendant agreed with the victim in the trial.

In addition, considering the Defendant’s age, living environment, motive, details and consequence of the crime, and all of the sentencing conditions shown in the instant pleadings, such as the circumstances after the crime, the sentence of the lower court is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

참조조문

유사 판례

-대전지방법원 2015.12.18 2015노3098

-대전지방법원 2015.07.10 2015노1340

-대전지방법원 2015.04.17 2015노719

-대전지방법원 2015.07.17 2014노2788

-대전지방법원 2015.07.24 2015노1397