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(영문) 서울서부지방법원 2016.10.20 2016노1071
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (10 months) is too unreasonable.

2. The judgment fee, the driver of the city bus used by the Defendant, who started with the open door in front of the bus, resulting in the death of the young young victim who was unexplodedd due to the instant traffic accident without finding out the victim who was going up with the bus, and who was in front of the bus, and the result of the instant crime is significant, rather than that of the Defendant’s negligence.

However, in full view of the following: (a) the defendant led to the confession of the crime and reflects the mistake; (b) the bus vehicles operated by the defendant are subscribed to the Financial Cooperative; (c) the defendant was no longer punished for the defendant on the side of the bereaved family before the pronouncement of the judgment of the court below; and (d) there was no previous conviction exceeding the previous or fine; and (c) the defendant's age, career, character and conduct; (d) background leading to the crime of this case; and (e) circumstances after the crime, etc., the sentence of the court below is too unreasonable

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

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (Consideration favorable to living in the front);

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