(영문) 대구지방법원 2017.08.31 2017노1148 | 리걸엔진

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(영문) 대구지방법원 2017.08.31 2017노1148

교통사고처리특례법위반(치사)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (one year of suspended sentence in six months) is too unreasonable in light of the summary of the grounds for appeal.

2. However, the degree of criticism is large in that the instant traffic accident resulted in serious consequences that are the death of the victim.

However, in full view of the following circumstances: (a) the Defendant’s mistake is recognized by the victim’s bereaved family members; (b) the victim’s bereaved family members agree with the victim’s bereaved family members to punish the Defendant; (c) the victim is covered by an automobile comprehensive insurance; (d) the Defendant is the primary offender; (e) the victim appears to be partly responsible for the occurrence of the traffic accident even for the victim who illegally crossed the 10-line road from the center of separation; (d) the impact of the instant criminal trial on the Defendant’s occupation; and (e) the Defendant’s age, sexual behavior, environment, family relationship, etc., the lower court’s punishment is excessively unreasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the judgment below, and thus, it is acceptable to accept it 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 the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

참조조문

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