(영문) 대전지방법원 2018.07.12 2018노23 | 리걸엔진

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(영문) 대전지방법원 2018.07.12 2018노23

교통사고처리특례법위반(치상)

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The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (4 months without prison labor) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The crime of this case is committed in violation of the Defendant’s signal and resulting in injury to the victims. The victim D, among the victims, suffered injury for about seven weeks, and about six weeks of medical treatment, and the victim G, and the degree of injury suffered by some victims, such as the victim's injury for which medical treatment is required. The victim's family members and the victim's G wanted to be punished by the Defendant.

However, in full view of the following circumstances: (a) the Defendant led to the confession of all the instant crimes and reflects his mistake in depth; (b) appears to have been speeded at the time of the instant case; (c) the occurrence of accidents and the expansion of damage appears to have existed on the part of the victim; (d) there was an agreement with the victim F; (b) the victim D made a statement at an investigative agency to request the Defendant to be faced with the Defendant; (c) the first offender was the first offender; and (d) the Defendant deposited KRW 3 million against the victim D; and (c) other circumstances, including the motive, background, means and methods of the instant crime; (d) the circumstances before and after the instant crime; and (e) the Defendant’s age, sex, career, and environment as indicated in the instant argument, the sentence of the lower court is too unreasonable as it is too unreasonable.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled again after pleading (the prosecutor's appeal is without merit, but the court below is reversed by accepting the defendant's appeal.

유사 판례

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