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(영문) 서울서부지방법원 2017.11.30 2017노1229
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The decision of the court below on the summary of the grounds for appeal (6 months without prison labor) is too unreasonable.

2. The judgment of the court below is based on the following facts: the crime of this case was committed in violation of the Defendant's vehicle traffic signal, resulting in serious injury to the victims crossing the crosswalk, and the crime of this case is not less exceptionally punished, and the defendant's driver's Otoba is subscribed only to the liability insurance.

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant deposited KRW 2.5 million for the victim F before the pronouncement of the lower judgment; (c) deposit KRW 2.5 million for the victim E after the pronouncement of the lower judgment; and (d) the victims did not want to punish the Defendant; (b) there was no record of punishment exceeding the Defendant; (c) the Defendant’s age, sex conduct, environment; (d) the process and consequence of the instant crime; and (e) various sentencing conditions indicated in the instant pleadings, such as the circumstances after the instant crime, etc., the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s argument of sentencing is unreasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned circumstances shall be considered);

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