logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2020.04.24 2020노216
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) by the court below is too unreasonable.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.

The lower court decided to punish the Defendant, taking into account the favorable and unfavorable circumstances of the Defendant, by taking into account the two factors.

There are favorable circumstances such as the fact that the defendant's mistake and will be complied with in the future, the fact that the victims' bereaved family members are paid insurance money, the victim's negligence on the part of the victim D who driven the damaged vehicle is likely to have an impact on the occurrence of accidents and the expansion of damage, and the fact that the defendant suffers from urology and high blood pressure and must support the mother.

However, the accident of this case results in the death of 2 victims of the accident, and the crime of this case took place at the time of the crime, and even if the criminal defendant's cargo cars had damped and moved to the move distance due to the weight of gravel, the defendant is expected to not enter the affected vehicle without reducing speed in the vicinity of the intersection, and it seems that the defendant caused the accident while driving the accident. At the time of the accident, it can be seen that the damaged vehicle is driving from a distance from a low time and there is no obstacle to the view at the time of the accident, so it would be possible to reduce the speed of the accident and avoid the accident if the damaged vehicle was displayed. In light of the fact that the defendant had a history of criminal punishment for traffic-related crimes, such as drunk driving without a license, etc., the punishment of the court below exceeds the reasonable limit of discretion.

arrow