(영문) 서울서부지방법원 2016.06.02 2016노388

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(영문) 서울서부지방법원 2016.06.02 2016노388

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

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

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

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (eight months) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination of the instant case is an element of sentencing unfavorable to the Defendant, such as the fact that the injury suffered by the victim was very serious due to the instant case, and that the Defendant again caused the instant accident only once the month in which criminal punishment was not imposed for the same kind of crime.

However, in full view of the following factors: (a) the Defendant led to the Defendant to commit the instant crime; (b) the Defendant’s vehicle is affiliated with the Federation of taxi transport business associations across the country; (c) the Defendant came into existence in the first instance trial; and (d) the Defendant’s age, sexual conduct, environment; and (c) the process and consequence of the instant crime; and (d) the circumstances after the instant crime, etc., the Defendant’s punishment against the Defendant is too unreasonable, and thus, the Defendant’s assertion is without merit, and the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

[Re-written 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, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act ( considered as above-mentioned favorable circumstances);

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