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(영문) 대구지방법원 2020.12.11 2020노3045
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence (8 months) that the court below rendered by summary of the grounds for appeal is too unreasonable.

2. The instant traffic accident was caused by the shock of the victim’s vehicle stopped according to the intersection stop signal due to the driving of a stroke by the Defendant, and the Defendant’s negligence is very serious. The victim of the instant traffic accident caused a serious injury to the victim of the instant accident [it is alleged that his defense counsel does not constitute a serious injury, but the victim claimed to the effect that his defense counsel does not constitute a serious injury. However, due to the instant traffic accident, he was sent to a hospital using helicopters due to the injury, such as external brain damage requiring at least 12 weeks medical treatment, during which he was sent to the hospital by using helicopters, and received intensive treatment including various artificial life-sustaining devices at the middle of the general hospital. On October, 2019, about four months after the occurrence of the accident. However, although it was impossible to predict the existence or recovery of the chronic damage in the two parts, most of the instant traffic accidents are expected to require a long period of time, and most of them are not recovered due to serious injury to the victim’s disease (the victim’s disease).

However, in full view of the following: (a) the Defendant’s mistake regarding the instant crime is divided in depth; (b) the Defendant’s vehicle was admitted to the LAF; (c) the Defendant’s vehicle was paid a considerable amount of consolation money to the victim at the time of the trial; and (d) there was no past criminal prosecution record; and (c) the Defendant’s age, ordinary character and behavior, environment, family relationship and social bond; (d) the motive, process, and circumstance after the instant crime; and (e) all the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s motive, circumstance, and circumstance after the instant crime

3. Conclusion.

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