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(영문) 인천지방법원 2017.04.26 2016노5072
교통사고처리특례법위반(치사)등
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. The Defendant, in the first instance trial, agreed with the representatives of the victim net F (hereinafter “the Deceased”) and the bereaved family members (the total amount of agreement paid to the bereaved family representatives is KRW 30 million), and the victim D was affiliated with the personal taxi mutual aid association, and the victim D was not punished by the Defendant from the investigation stage. In light of the various sentencing conditions in the instant records and arguments, the sentence of the lower court 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 recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and an occupational physician), Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the above determination) leads to a significant result of the victim’s death (the victim D, who has worn a safety bell, was relatively minor injury with the previous three weeks of care, but the deceased who did not wear a safety bell was killed due to the accident in this case) prior to the Defendant’s age, sexual behavior, environment, and circumstances after the crime, etc., and the punishment as set forth in the Disposition is determined by comprehensively taking account of various sentencing conditions as set forth in the arguments in this case, such as the Defendant’s age, sexual behavior, environment, and circumstances after the crime.

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