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(영문) 청주지방법원 2017.12.14 2017노1289
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

Reasons

1. The decision of the court below on the summary of the grounds for appeal (10 months without prison labor) is too unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The accident of this case occurred by negligence of the defendant in violation of the signal, and the negligence of the defendant is severe.

The victim suffered serious bodily and physical damage, such as suffering from serious injury, such as a pelkes, etc. on the left-hand side, which requires medical treatment of about 14 weeks due to the instant accident, and even thereafter, suffering from mental illness caused by damage to the two parts.

The defendant did not agree with the victim, the damage of the victim was not recovered, and the parents of the victim wanted to punish the defendant with severe punishment.

The defendant has a record of being subject to juvenile protective disposition several times due to traffic crimes such as unlicensed driving, etc.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognized the instant crime and runs against the Defendant.

Defendant

In addition, regular treatment is necessary due to serious injuries caused by the accident of this case.

The insurance money of KRW 30 million was paid to the victim through the liability insurance purchased by the defendant, and the defendant made efforts to recover damage by depositing KRW 2 million in the court below and additionally depositing KRW 2 million in the court below.

The accident of this case occurred while the defendant was on board the back seat in order to make the victim who is prone to the defendant's house to take care of the victim, and there are circumstances that can be considered in the circumstances of the accident.

The defendants are faced with economic difficulties.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the sentence of the lower court is too unreasonable.

Defendant’s assertion is with merit.

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 well-grounded, and it is re-written as follows.

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