(영문) 창원지방법원 2017.12.14 2017노2955 | 리걸엔진

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(영문) 창원지방법원 2017.12.14 2017노2955

교통사고처리특례법위반(치상)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In the instant crime, the Defendant, while driving a vehicle that was not covered by mandatory insurance, caused an accident that causes serious injury to the victim who is 72 years old and older than 72 years old, and caused serious injury that requires the victim’s treatment of 14 weeks, and the Defendant did not reach an agreement with the victim up to the heart, and the Defendant had a total of four times of punishment due to traffic-related crimes, such as drinking driving, etc. (all fines) and is disadvantageous to the Defendant.

However, the fact that the defendant recognizes and reflects the crime of this case, and disposes of the vehicle that was driven at the time of this case, and will not further repeat the crime.

It is reasonable to take account of the following: (a) the Defendant deposited KRW 7 million in the lower court for the recovery of damage; (b) the Defendant deposited KRW 15 million in the first instance trial; (c) the Defendant additionally deposited KRW 15 million in the first instance trial; (d) the Defendant has no criminal record of the suspension of execution due to the same kind of crime; (c) the Defendant supports his/her wife and his/her parents after divorce; and (d) the Defendant has served as a child and his/her parents over three months; and (e) the Defendant has served as a time to reflect when he/she returned to the near a three-month period; and (e) the addition of the

In full view of such circumstances and other circumstances as the defendant's age, environment, sexual conduct, circumstances before and after the crime, and the conditions of sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable.

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

Criminal facts

Criminal facts and the summary of evidence recognized by the court shall be as follows.

유사 판례

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