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(영문) 부산지방법원 2013.10.18 2013노2614
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for eight 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 summary of the grounds for appeal is too unreasonable for eight months of imprisonment without prison labor declared by the defendant.

2. The point of view of the instant accident is the morning, and considering the fact that the place of the accident is where people walk the road without permission even at ordinary level, it is recognized that the Defendant might have prevented the occurrence of the instant accident or reduced the degree of damage to the victim if he had paid a more attention or complied with the limited speed. Nevertheless, even though the Defendant neglected his duty of booming, the Defendant shocked the victim by neglecting his duty of booming the road without permission, and even considering the fact that the situation where the victim did not discover the vehicle while crossing the road without permission without permission without his face, the issue is significant in light of the above Defendant’s negligence, the degree of damage caused by the victim’s unknown consciousness is significant, and the Defendant did not reach an agreement with the victim or his family members even until the trial is in the first instance.

However, in the event of the accident of this case, the above behavior of the victim was one of the causes, the defendant recognized the crime of this case and divided the defendant in depth through confinement life for about 70 days, the vehicle of this case is expected to recover damage as it is admitted to the mutual aid association, and there are circumstances that could be considered to have not reached an agreement with the victim, and the defendant deposited a considerable amount of money for the victim during the trial, there was no past record of punishment for the same kind of crime, and the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and circumstances after the crime, etc., the sentence of the court below sentenced to the defendant is unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, the defendant's appeal of this case is examined.

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