(영문) 춘천지방법원 2014.02.12 2013노523 | 리걸엔진

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(영문) 춘천지방법원 2014.02.12 2013노523

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

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

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) of the lower court against the Defendant is too unreasonable.

2. The judgment of the court below is unreasonable in light of the following conditions: (a) the victim's death was serious result due to the crime of this case; (b) the victim's bereaved family members were expected to suffer a big mental impulse; and (c) the victim's bereaved family members were unable to reach a proper agreement with the victim up to the trial; and (d) the victim's bereaved family members were punished by a severe punishment; (b) the defendant was living together with his fault; (c) the defendant deposited KRW 30 million for the victim's bereaved family members; (d) the vehicle is subscribed to a comprehensive motor vehicle insurance; (d) the defendant was an primary offender who has no record of criminal punishment; and (e) other various sentencing conditions indicated in the records, such as the motive and circumstance leading to the crime of this case; and (e) the defendant's age, character and conduct, etc.

3. In conclusion, 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 with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

참조조문

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