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(영문) 전주지방법원 2017.05.11 2016노1752
교통사고처리특례법위반(치사)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

B. The Prosecutor’s above sentence is too uneasible and unreasonable.

2. It is recognized that the Defendant’s negligence caused the death of the victim.

However, the court below's punishment is too unfair by taking full account of the defendant's age, sex, environment, circumstance and motive leading up to the crime of this case, circumstances before and after the crime of this case, etc., and the sentencing conditions as shown in the records of this case and the changes theory are considered to be too unreasonable, comprehensively taking into account the following: (a) the defendant recognized the crime of this case; (b) there was no history of criminal punishment against the defendant except for punishment once by a fine of 2004; (c) the defendant expressed his/her will not want the punishment; (d) the victim's bereaved family members wish to have been punished; (e) the vehicle of the defendant is covered by the comprehensive automobile insurance; (e) the defendant's vehicle is being covered by the defendant's comprehensive automobile insurance; (e) the defendant supports the defendant's mother and her children with good health; and (e) the defendant seems to have been easily discovered at the bend point of a narrow road at the time of the accident at the time of the accident.

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 based on its reasoning, and the decision is rendered again as follows (inasmuch as the defendant's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal, the prosecutor's appeal shall not be dismissed separately from the order). 【Grounds for the judgment which is used again, the summary of criminal facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below. Thus, it is accepted pursuant

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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