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(영문) 제주지방법원 2018.01.11 2017노610
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. It is recognized that the instant traffic accident occurred in violation of the duty to protect pedestrians on the crosswalk, and that the degree of the Defendant’s breach of the duty to protect pedestrians is not minor, the degree of the victim’s injury is serious, and the Defendant committed the instant traffic accident in violation of the Road Traffic Act while being tried for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents.

On the other hand, the defendant shows the attitude of recognizing and opposing each of the crimes in this case; when the defendant was in a trial, the victim does not want to be punished against the defendant by agreement with the victim of the crime in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; the vehicle operated by the defendant at the time of the crime in this case is covered by the automobile comprehensive insurance; the control time for the crime in violation of the Road Traffic Act (driving Operation) is against the Road Traffic Act; the defendant is seeking that the vehicle was exposed by the last day while he was locked at home and was exposed to the last day; there was no record of criminal punishment exceeding the fine; the defendant has no record of criminal punishment; and all of the sentencing factors of the crime in this case, such as the defendant's age, sex, environment, motive, means and method of the crime in this case; and the circumstances after the crime, etc., it is recognized that the punishment of the defendant sentenced by the court below is somewhat inappropriate, and thus, the defendant's argument of unfair sentencing

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;

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