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(영문) 대전지방법원 2013.09.04 2013노467
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of all the circumstances, such as the fact that the defendant is against the defendant and the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the punishment sentenced by the court below (under August) is too unreasonable.

B. In light of all the circumstances, such as the fact that the Defendant suffered serious injury, such as external wounds, due to the instant traffic accident, and the victim died, the punishment (old imprisonment without prison labor: one year) sentenced by the lower court is too unfasible and unreasonable.

2. The crime of this case committed by the Defendant on March 19, 2012, while driving a Da car with a speed exceeding approximately 14.4 km per hour on 05:40 km on March 19, 2012, the Defendant took the victim E (the age 22) who opened the crosswalk from the left side of the Defendant’s driving direction toward the right side of the Defendant’s vehicle, and suffered serious injury, such as external shocking blood transfusion, etc. by taking the victim into the front part of the Defendant’s vehicle. The crossing of the crosswalk is serious to the degree of negligence because the Defendant breached the duty to protect pedestrians in the crosswalk, and the victim suffered serious injury due to the traffic accident of this case, which led to death, and the crime is not good.

However, it shows that the defendant's time to commit the crime of this case and runs beyond the limit of the defendant, but the degree of the violation is not significant about 14.4 km per hour, since the defendant's vehicle is covered by comprehensive insurance, monetary compensation for the victim is sufficiently secured, the defendant's bereaved family does not want the defendant's punishment by mutual consent with his bereaved family at the latest, and the defendant is the first offender who has no criminal record, the age, character and conduct, environment, motive and circumstances leading to the crime of this case, and the motive and circumstances leading to the crime of this case.

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