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(영문) 의정부지방법원 2019.02.11 2018노1414
교통사고처리특례법위반(치사)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

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., both types of imprisonment without prison labor) of the lower court is too unreasonable.

2. At the time of the instant case, the Defendant’s negligence, which caused the death of the victim, is heavy, and the victim’s bereaved family members were found to have suffered significant mental shock by the instant crime, and the fact that the victim’s bereaved family members did not receive a letter from the victim’s bereaved family members, is disadvantageous, in violation of the duty of care to make a left-hand turn safely at the intersection where the left-hand turn is indicated at the time of the instant case.

However, it seems that the court below's punishment is unfair because it is too unfair in full view of other favorable circumstances such as the defendant's age, character and behavior, environment, health conditions, circumstances of the crime, circumstances after the crime, etc., as well as various sentencing conditions as shown in the records and arguments of this case, such as the fact that the defendant had no record of being punished for the same crime, and there is no record of being sentenced to suspension of qualification or higher punishment, and the defendant's age, character and behavior, and health conditions, the circumstance of the crime, the circumstance of the crime, and the circumstances after the crime.

Therefore, the defendant's assertion of unfair sentencing is justified.

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.

[The reasons for the judgment of multiple court] The summary of criminal facts and evidence is recognized by the court.

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