(영문) 울산지방법원 2020.11.27 2020노879 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2020.11.27 2020노879

교통사고처리특례법위반(치사)

Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment without prison labor) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of the court below was examined, and the crime of this case was committed by the defendant who was going to the left at the Smarket parking lot due to the negligence that the defendant did not properly examine the right and the right and the right, and the defendant's violation of the duty of care and the result was very serious, is disadvantageous to the defendant.

However, the court below's punishment seems to be somewhat unreasonable in light of all the sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence, circumstances after the crime, and whether there was change of circumstances after the sentence of the court below.

Therefore, the defendant's argument is justified.

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

(A) Although an appeal by a prosecutor is without merit, the appeal by a prosecutor shall not be dismissed in the disposition of a public prosecutor unless the decision of the court below is accepted by the defendant and the appeal by the defendant is reversed). [The reasons why multiple judgments are used] Criminal facts and summary of evidence recognized by the court and summary of evidence are as stated in the corresponding column of the judgment of the court below. Thus, they are cited as it is

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 selection of

1. Suspension of execution is favorable to the defendant under Article 62 (1) and (2) of the Criminal Act;

참조조문

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