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(영문) 청주지방법원 2015.04.09 2014노1037
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The punishment of the court below (the imprisonment without prison labor for six months, the suspension of execution for one year, the community service work for 160 hours and the order to attend a law-abiding lecture for 40 hours) is deemed to be too unfluent and unreasonable;

2. The circumstances unfavorable to the defendant are as follows.

The Defendant suffered a relatively serious injury to the victim D and F.

In particular, the victim D had been engaged in the home-based business due to the crime of this case by the defendant, and was currently unable to engage in the business, and the victims in the marital relationship have to continuously reduce mental, physical and economic damage.

It does not seem that the defendant had a serious fault against the victims.

It is difficult for the defendant to appeal only under one's own difficult circumstances, and it is not possible to present data to see that he has made best efforts to agree with the victims.

The above victims are severe punishment of the defendant.

However, the defendant has the following favorable circumstances.

The defendant subscribed to a comprehensive insurance, and the insurance company that the defendant subscribed to the victim D paid the victim D the amount of KRW 95 million and agreed to pay the amount of KRW 95 million.

The defendant is against his wrongness.

The defendant is in a position to support his or her wife with high blood pressure, brain color, etc. that he or she must support his or her own health.

The Defendant agreed with his wife and wife victim H, G in a smooth manner.

Even under economic difficulties, the Defendant deposited some of the money for the victim D and F.

The defendant had no previous conviction since 2003.

It would be more likely to give the defendant an opportunity to return to his responsibility in the state of not being isolated from society than before the response function of the punishment in the state of recovery of the victims' damage, in order to prevent the edification and recidivism of the defendant.

The age, age, and age of the defendant.

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