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(영문) 인천지방법원 2017.10.25 2017노2895
교통사고처리특례법위반(치사)
Text

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 one year from the date this judgment becomes final.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence (six months) imposed by the defendant is too unreasonable.

2. Although the instant accident resulted in a very serious result of the victim’s death due to the occurrence of the instant accident, the victim is at considerable negligence in the occurrence of the instant accident or the expansion of damage, and the victim is also affiliated with the automobile mutual aid association, and the Defendant agreed smoothly with the victim’s bereaved family members, and the Defendant did not have any criminal history exceeding the fine, and has been detained for a certain period of time, and the Defendant showed an attitude to recognize and reflect in depth the responsibility of the instant accident, considering the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is cited in accordance with Article 369 of the Criminal Procedure Act, inasmuch as the facts charged and the summary of evidence are identical to the corresponding column of the judgment below, except that the "D" of No. 2 of the judgment of the court below is deemed as "I" of No. 2 of the judgment of the court below.

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 imprisonment without prison labor;

1. Article 62(1) of the Criminal Act on the suspension of execution (The circumstances favorable to the above judgment shall be considered);

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