(영문) 부산지방법원 2015.02.13 2014노4643 | 리걸엔진

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(영문) 부산지방법원 2015.02.13 2014노4643

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

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

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

Reasons

1. The summary of the grounds for appeal is too unreasonable for six months of imprisonment without prison labor declared by the court below against the defendant.

2. The crime of this case is acknowledged that the defendant neglected his duty of care in front of the taxi while driving the taxi, and caused injury to the victim, such as cerebral cerebral typosis, etc., and caused the victim to suffer from an incurable or incurable disease in the right side, and thus, the defendant's occupation, injury level, and degree of injury.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and against the Defendant’s mistake; (b) when it comes to the trial; (c) an agreement was reached between the victim and the victim; (d) the Gasi appears to have been admitted to the mutual aid association; (b) there is no penalty power other than once in the previous case; (c) there is no other penalty power; (d) there is a family member to provide support, such as a child whose health is not good due to wife and mental handicap 2; and (e) economic difficulty; and (e) other circumstances, such as the Defendant’s age, environment, occupation, family relationship; (e) the background leading to the instant crime; and (e) circumstances after the commission of the

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The pertinent Article of the Criminal Act and the lower court stated the “Criminal Act” as “the Criminal Act, but appears to be a clerical error.”

Article III, paragraph 1.

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