(영문) 의정부지방법원 2015.05.22 2014노1381

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2015.05.22 2014노1381

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

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

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of suspended execution in August, and one hundred and twenty hours of community service order) is too unreasonable.

2. The judgment is based on the facts that the nature of the crime of this case is not less than that of the defendant in light of the contents and results of the crime of this case committed by the defendant, the degree of the negligence of the defendant, the degree of the injury of the victim, and the degree of serious injury of the victim, etc.;

However, in light of the following circumstances: (a) the Defendant led to the confession of the crime of this case and made a statement that his mistake will be divided in depth; (b) the vehicle involved in the accident will have subscribed to a motor vehicle comprehensive insurance and have been engaged in insurance management for the victim; (c) the lower court deposited KRW 3 million in cash for the victim; (d) the Defendant paid some of the money to the victim in the appellate trial, and the victim did not want to be punished; (c) the Defendant was only one time before and after a fine due to the crime of this case in around 1997; (d) the Defendant was punished by a fine due to the crime of this case; (e) the Defendant did not have good health condition; (e) the Defendant had dependents; (e) the Defendant’s age, character, intelligence and environment; (e) the motive and background, means and consequence of the crime of this case; and (e) the circumstances after the crime; and (e) family relations. Therefore, the Defendant’s assertion is justified.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the reasoning of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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