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(영문) 창원지방법원 2018.01.11 2017노2836
교통사고처리특례법위반(치사)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment without prison labor) is too unreasonable.

2. In a situation where the Defendant did not fully secure the view of the market, there is a disadvantage to the Defendant, such as the fact that the Defendant was faced with the victim F, who was crossing the intersection under the pedestrian signals by going through the intersection without stopping or reducing the speed, due to the negligence of entering the intersection as is, and going through, the intersection; that there was a serious result of the death of the victim; that there was no agreement with the victim’s bereaved family members; and that the said bereaved family members tried to punish the Defendant’s severe punishment.

However, considering the fact that the defendant acknowledges and reflects the crime, the defendant deposits KRW 20 million at the investigation stage, additionally deposits KRW 15 million at the trial, the vehicle driven by the defendant is covered by a comprehensive insurance, and thus it seems that the victim's bereaved family members can be compensated for losses later, the defendant supports one parent and minor child, and other various circumstances that form the conditions for sentencing specified in the records and arguments of this case, such as the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, etc., it is unfair that the court below's sentence is unfair.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the 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. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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