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(영문) 의정부지방법원 2019.01.21 2018노1545
교통사고처리특례법위반(치사)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) of the lower court (one year of suspended sentence for six months) is too unreasonable.

2. The crime of this case is acknowledged that the crime of this case resulted in the death of a victim who was treated at a hospital after being shocked by the defendant without discovering the victim while driving a car and shocking the victim.

However, the defendant's wrong recognition of and reflects on his or her fault, the bereaved family members of the victim and the bereaved family members do not want the punishment of the defendant, the defendant is the first offender who has no past punishment, the defendant is married with his or her husband as of 2006 and entered Korea with his or her husband as of 2006 and graduated from high schools and universities and works at M University NResearch Institute after obtaining various kinds of certificates of qualification, etc. to support her husband and children. From around 2008, the defendant was working as a Korean language education instructor at the O Center as of September 27, 2017, after which the accident occurred, he or she was employed as a public official in a fixed term position on September 27, 2017. Considering that the defendant's sentence of imprisonment without prison labor or more, leaving his or her workplace lost due to lack of economic difficulties in recovering the defendant and his or her family members, the defendant's motive and circumstances leading the defendant to the crime of this case are considered as the defendant's sound character and behavior of the defendant.

3. Conclusion

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