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(영문) 서울북부지방법원 2016.01.06 2015노1683
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The sentence imposed by the court below (10 months without prison labor) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is that the crime of this case was committed at the time when the victim was committed with severe brain damage, and the degree of occupational negligence is considerably heavy, such as the defendant's failure to perform his/her duty at the front time, and the defendant's family members complaining for serious pain, and the change of the vehicle line is found to be late due to the change of the vehicle line, and the victim was damaged by the front part of the road in the front part of the river on the front side, and the damage was suffered by the victim, such as a dystroke, the right-hand stroke, the blood species, and the cerebral surface due to the change of the vehicle line, and the degree of occupational negligence is not easy. The crime of this case is committed by the victim, which makes it impossible and difficult for the victim to lead an independent daily life in the future due to serious brain damage, and thus, the damage is considerably serious, and therefore, the victim's family members complaining for serious pain, and the defendant did not subscribe to comprehensive motor vehicle insurance, but did not agree to the victim and the defendant.

On the other hand, the defendant recognized the crime of this case and is in close reflect on the depth. The traffic accident of this case is that the injured person at the time crossings the road at a point beyond the crosswalk display even if the pedestrian signal was red, and it is sufficient to take into account the circumstances in which the accident occurred, and some of the circumstances are taken into account. The insurance company that the defendant subscribed to Orabab, paid 30 million won at the victim insurance company upon the victim's claim for indemnity by the victim insurance company. The defendant made efforts to recover the damage by depositing a sum of 47 million won in the court below on two occasions, and there is no criminal history except once a fine due to the violation of the Road Traffic Act (driving), and the defendant is weak.

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