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(영문) 대전지방법원 2019.05.22 2019노775
교통사고처리특례법위반(치사)등
Text

The judgment of the court below is reversed.

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

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the facts that the Defendant was deaf-mutes according to the evidence duly adopted and examined by the lower court can be acknowledged. Thus, the punishment of the Defendant for the instant crime ought to be mitigated in accordance with Article 11 of the Criminal Act.

Nevertheless, the lower court determined the applicable sentence without any necessary mitigation under Article 11 of the Criminal Act, and determined the sentence for the Defendant, thereby making it impossible to maintain any further.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1) and (2)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act concerning each type of crime;

1. Legal mitigation under Articles 11 and 55 (1) 3 of the Criminal Act;

1. The reasons for sentencing under Articles 40 and 50 of the Commercial Concurrent Crimes Act include the following: (a) the Defendant caused the instant accident while driving a national expressway to a considerable extent; (b) the death of one and three persons are serious result; and (c) the victim’s bereaved family members are not agreed with C, the victim’s bereaved family members; and (d) the Defendant is disadvantageous to the Defendant.

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