(영문) 청주지방법원 2019.01.25 2018노1325 | 리걸엔진

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(영문) 청주지방법원 2019.01.25 2018노1325

교통사고처리특례법위반(치상)

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The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court (e., six months) is too unreasonable.

2. The instant crime was committed by the Defendant, while entering the parking zone of a public health clinic, resulting in injury to the victim by shocking the victim on the right side to undergo approximately eight weeks of treatment, such as double duplicating the body of the victim, etc., and the crime was not committed in light of the circumstances and consequence of the crime; the Defendant’s vehicle did not agree with the victim; and the Defendant’s vehicle was covered only by liability insurance.

However, the fact that the defendant seems to have recognized the crime of this case and against the defendant, that there is no history of criminal punishment, that the victim was paid insurance proceeds 4,194,500 won from the insurance company of the child, that the defendant made an effort to recover damage caused by the defendant indirectly by paying approximately KRW 29,90,000 to the above insurance company as indemnity, that the defendant was detained for about 3 months, and that the time of accommodation would have been the time of the defendant's detention. In full view of all the sentencing factors shown in the records and arguments of this case, including the defendant's age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, the punishment of the court below seems to be somewhat inappropriate.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62(1) of the Criminal Act:

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