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(영문) 창원지방법원 2015.12.24 2015노2510
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and six months) is too unreasonable.

2. The judgment of this case is based on the fact that the defendant's pedestrian signal was not finished at the crosswalk, which led to the death of the victim because he neglected to live well, which led to the death of the victim. Although it is found that the defendant did not agree with the bereaved family of the victim, it is found that the defendant confessions criminal facts and reflects criminal facts, the defendant does not have the same criminal power, the vehicle quantity of the defendant is covered by the comprehensive motor vehicle insurance. The defendant does not proceed without disregarding the situation of the crosswalk, but starts at the point of full governance of both pedestrians after he stopped down from the crosswalk and stopped according to the pedestrian signal. In order not to put the immediately preceding pedestrian signal, the victim enters the crosswalk from the right side of the defendant, rather than the point of opening the crosswalk, at the front side of the defendant's vehicle, and entered the crosswalk after the defendant's driver's vehicle, and it was found that there were many other circumstances such as the defendant's motive, behavior and behavior following the crime of this case, and the circumstances that the court below found the defendant's environment and behavior of the victim.

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

Criminal facts

The summary of facts constituting an offense and evidence recognized by the court shall be as follows.

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