(영문) 대구지방법원 2018.09.13 2018노2094 | 리걸엔진

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(영문) 대구지방법원 2018.09.13 2018노2094

교통사고처리특례법위반(치사)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant caused the instant traffic accident resulting in the victim’s death by negligence in violation of the signal while driving alcohol, and the blood alcohol concentration at the time was 0.105%.

However, a marine vehicle is covered by a comprehensive insurance, and the defendant has agreed in the trial with the victim's bereaved family.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, etc., the lower court’s sentencing is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.

[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.

Application of Statutes

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of death or injury caused by occupational negligence, the choice of imprisonment without prison labor) concerning criminal facts;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act (limited to the extent that the punishment is added up by the maximum term of two crimes) concurrent crimes with the punishment stipulated for the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment, but the punishment shall be sentenced to imprisonment with prison labor: Provided, That the minimum sentence of the punishment shall apply to the punishment specified for the crime of violating

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