(영문) 대구지방법원 2018.01.11 2017노3220 | 리걸엔진

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(영문) 대구지방법원 2018.01.11 2017노3220

교통사고처리특례법위반(치사)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution in the sixth month of imprisonment without prison labor, and forty hours of compliance driving lectures) is too unreasonable.

2. The level of criticism is high in that the Defendant caused a traffic accident while driving a motor vehicle under the influence of the driver and that it causes a serious result that is the death of the victim.

However, in full view of the following circumstances: (a) the Defendant’s mistake is recognized by the victim’s bereaved family members; (b) the victim’s bereaved family members agree with the victim’s bereaved family members that the victim’s bereaved family members are not subject to the punishment of the Defendant; (c) the Defendant is a primary offender; (d) the victim appears to be partially responsible for the occurrence of a traffic accident even for the victim without permission at night; (c) the impact of the instant criminal trial on the Defendant’s occupation; and (d) the Defendant’s age, sexual conduct, environment, family relationship, etc., the lower court’s punishment is excessively unreasonable.

3. The decision 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 judgment below is ruled again 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 in each corresponding column of the judgment below, and thus, it is acceptable to accept it 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 fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

참조조문

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