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(영문) 울산지방법원 2019.10.18 2019노854
교통사고처리특례법위반(치사)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the lower court (for six months of imprisonment without prison labor and two years of suspended execution) against the accused in the summary of the grounds for appeal is too unreasonable.

2. The fact that the instant accident resulted in the result of the victim’s death is disadvantageous to the Defendant.

On the other hand, however, the defendant's mistake is against the defendant's depth, and the accident of this case occurred while crossing the road even though pedestrian signal, etc. was red, the victim was negligent in the occurrence of the accident of this case, and the victim's family members agreed smoothly with the victim's family members. Considering the defendant's age, character and behavior, environment, and circumstances after the crime, the court below's punishment is somewhat inappropriate.

Therefore, the defendant's argument is justified.

3. Thus, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the defendant's appeal is judged as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

1. In full view of the sentencing conditions as examined in Article 334(1) and (2) of the Criminal Procedure Act on the grounds of sentencing of the provisional payment order, the sentence shall be determined as ordered.

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