logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.08.28 2020노2365
교통사고처리특례법위반(치사)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for 11 months.

Reasons

1. Summary of grounds for appeal: Unfair sentencing; and

2. We also examine the judgment and the Defendant’s respective arguments on unreasonable sentencing.

The Defendant neglected his duty of care, resulting in the death of the Victim F due to the instant traffic accident that occurred in the course of the violation of the central line, and the damage assessment of the deceased’s bereaved family members has yet to be recovered smoothly, while the deceased’s bereaved family members want to be punished by the Defendant up to the trial.

Therefore, there is no need to punish the defendant.

[On the other hand, although the insurance company of comprehensive insurance purchased by the defendant in the trial submitted the data on insurance money paid to the deceased's bereaved family at the trial, these circumstances have already been reflected in the sentencing of the court below (i.e., the court below reflected the "the fact that the comprehensive insurance was subscribed" as the grounds for sentencing favorable to the defendant, and the data on the payment of insurance money submitted in the trial are only the follow-up procedure

) This does not constitute an important change in the sentencing condition to change the sentencing of the lower court. However, if the Defendant was in the first instance trial, the Defendant agreed to pay KRW 10 million to D who suffered eight main injury among the victims and paid KRW 10 million. This is the reason for sentencing favorable to the Defendant.

In addition, in full view of all the conditions of the arguments and the records of the instant traffic accident, including the details and contents of the instant traffic accident, the result of the accident, the fact that the Defendant consistently recognized all the instant crimes, the Defendant reflects his mistake, and the Defendant did not have any other criminal records except the one-time traffic offense record punished by a fine, and the circumstances after the commission of the crime, the Defendant’s age, occupation, family relationship, economic form, health condition, etc., the sentencing of the lower court that sentenced the Defendant one year to the imprisonment without prison labor is somewhat unreasonable.

3. Accordingly, the Prosecutor’s appeal cannot be accepted, while the Defendant’s appeal is not accepted.

arrow