(영문) 인천지방법원 2017.04.26 2016노4473 | 리걸엔진

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(영문) 인천지방법원 2017.04.26 2016노4473

교통사고처리특례법위반

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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 summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence (six months) imposed by the defendant is too unreasonable.

2. In full view of various circumstances that are attached to the pleadings and the sentencing records of this case, such as the fact that the crime of this case was committed before the judgment was neglected that the victim died and that the defendant did not receive a letter from the victim's bereaved family; however, the defendant shows an attitude to recognize and reflect the crime of this case; the defendant deposited a total of KRW 10 million for the victim's bereaved family members; the sea vehicle is a member of the mutual aid association; the victim's negligence without permission governance of the crosswalk is significant, even though the pedestrian signal is a red signal on the new wall as stated in the judgment of the court below; and the defendant has no same power, etc., the sentence imposed by the court below is too unreasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each 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;

1. Article 62(1) of the Criminal Act on the suspension of execution (the overall circumstances in the above judgment);

1. The community service order under Article 62-2 of the Criminal Act;

참조조문

유사 판례

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