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(영문) 전주지방법원 2017.08.24 2017노414
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The decision of the court below on the summary of the grounds for appeal (6 months without prison labor) is too unreasonable.

2. The instant crime is found to have been committed by the Defendant while waiting in the fourth lane on the road along the fourth lane of the vehicle while driving the vehicle, and proceeds as it is, as it is, changing the vehicle’s proceeding signal. The Defendant started to cut the crosswalk on the green pedestrian signals, but even after changing the crosswalk to red signal, the Defendant’s negligence is light in light of the circumstances of the accident.

It is recognized that the damage suffered by the victim is not possible, and the injury suffered by the victim is too heavy, and it is difficult to deem that the damage has been completely recovered due to the exclusion of the application of the comprehensive insurance covered by the limited driving agreement, and it is not agreed with the victim.

However, in full view of the following: (a) the Defendant recognized and reflected the crime; and (b) the Defendant appears to have been able to recover damage to a considerable extent through liability insurance, etc. applicable to vehicles adjacent to the Defendant; and (c) the Defendant made efforts to recover damage by depositing KRW 10 million for the victim two times after the judgment of the lower court was rendered; and (d) the Defendant’s age, sexual conduct, environment, details of the crime, circumstances before and after the crime, etc., and all of the sentencing conditions indicated in the instant records and arguments, such as the criminal defendant’s age, sex, circumstances before

3. In conclusion, the judgment of the court below is reversed pursuant to 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.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the relevant 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;

1. Suspension of execution;

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