(영문) 서울동부지방법원 2015.11.26 2015노1306

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(영문) 서울동부지방법원 2015.11.26 2015노1306

교통사고처리특례법위반

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The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for not less than five months.

Reasons

1. The summary of the grounds for appeal that the court below rendered is unreasonable because the punishment (the imprisonment without prison labor for eight months) is too unreasonable.

2. The instant accident is an unfavorable circumstance to the Defendant, such as: (a) the Defendant’s negligence was serious; (b) the occurrence of serious consequences of the death of the victim due to the instant accident; and (c) the fact that the victim was unable to reach an agreement with the victim’s bereaved family; and (d) the instant accident is an unfavorable circumstance to the Defendant.

On the other hand, the fact that the defendant has no criminal history beyond the fine, the defendant appears to have led to the confession and reflect of the crime of this case, and the fact that the defendant deposited 20 million won to the victim's bereaved family members and transferred insurance claims related thereto to the victim's bereaved family members are favorable to the defendant.

In light of the above circumstances and other conditions of sentencing as stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, the punishment sentenced by the court below is deemed to be 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 with merit, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The punishment shall be determined as per the order, taking into account the relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and the grounds for sentencing of imprisonment without prison labor, and Article 2

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유사 판례

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