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(영문) 서울북부지방법원 2018.09.21 2018노1167
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (social service order of six months of imprisonment without prison labor, one year of suspended execution, and eight hours of imprisonment without prison labor) against the Defendant is deemed unreasonable.

2. The instant accident, based on the Prosecutor’s grounds for appeal, was caused by the victim who dried the crosswalk in violation of pedestrian signal, and it seems somewhat difficult for the victim to take into consideration the circumstances leading to the instant accident, as well as some of the circumstances leading to the instant accident.

The defendant is recognized to commit a crime up to the trial of the party, and the defendant is the first offender.

On the other hand, however, at the time of the accident, the accident occurred due to the negligence that the defendant had a duty of care to reduce the speed and to conduct safe driving by properly examining the surrounding areas, on the grounds that it was difficult to secure the view at night, as well as that the accident location was near the upstream where people's passage is frequent.

Due to the instant accident, the victim suffered a serious injury, such as an indoor brain cerebrovascular that requires treatment for at least six months, and seems to be in an obscure state.

However, the defendant did not receive an appearance from the victim up to the trial of the party, and the victim wanted to punish the defendant.

In addition, in full view of all the sentencing circumstances, such as the defendant's age, sex, family relation, motive, means and consequence of the crime, and the circumstances after the crime, the above sentence sentenced by the court below is too minor.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in the corresponding column of the judgment below.

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