(영문) 의정부지방법원 2015.09.04 2015노622

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(영문) 의정부지방법원 2015.09.04 2015노622

교통사고처리특례법위반

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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 main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

2. The crime of this case is deemed to result in the death by shocking the victim who is crossing without permission while driving a van, and the crime of this case is deemed to be less severe in light of the substance and result of the crime, and the victim's bereaved family members are expected to suffer a huge mental shock and suffering that makes it difficult for the victim to recover through life due to the above crime, and the defendant was required to pay more attention to safe operation as a driving engineer at a driving school, which is disadvantageous to the defendant.

However, in light of the following circumstances: (a) the Defendant led to the confession of the crime of this case and reflects the mistake in depth; (b) the victim was negligent in causing traffic accidents or expanding damage; (c) the condition that the victim’s bereaved family members pay 18 million won to the victim’s bereaved family members prior to the institution of the prosecution of this case (the condition that the Defendant transfers insurance claims equivalent to the above amount to the insurance company) under the pretext of agreement; (d) the victim’s bereaved family members do not want to be punished; (e) the combination of passenger cars driving by the Defendant is being covered by a comprehensive automobile insurance; (e) the Defendant is a person with disabilities with the second degree extension due to the extension of the end, the Defendant is the primary offender; (e) the Defendant is the primary offender; (f) the Defendant’s age, character and conduct, intelligence and environment; (f) the motive, means and consequence of the crime of this case; (f) the circumstances, criminal records, family relations, health conditions, etc., the Defendant’s argument that the lower court sentenced to the Defendant is somewhat unreasonable and therefore is justified.

3. In conclusion, the defendant's appeal is reasonable and therefore Article 364 (6) of the Criminal Procedure Act is applicable.

참조조문

-형사소송법 제364조 제6항

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