(영문) 수원지방법원 2013.10.16 2013노3432 | 리걸엔진

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(영문) 수원지방법원 2013.10.16 2013노3432

교통사고처리특례법위반

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The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment without prison labor, two years of suspended execution, and 120 hours of community service order) of the lower court is too unhued and unreasonable.

2. There are extenuating circumstances, such as the fact that the accused has no criminal history for the same kind of crime, there is no history of punishment exceeding the suspension of execution, the fact that the Defendant’s vehicle is covered by the comprehensive automobile insurance, and the Defendant deposited KRW 20 million for the victim’s bereaved family members.

However, the crime of this case, however, is highly serious as the crime of this case caused the death of the victim who was in the back of the vehicle of this case by taking a speed above speed instead of taking a prompt pedal, without accurately operating the steering direction and brakes while driving the vehicle of this case while driving the vehicle of this case. The crime of this case is a crime causing the death of the same day by taking back the back part of the vehicle of this case. The crime of this case does not seem to have been involved in the cause of the accident of this case. Nonetheless, the traffic accident of this case was caused by a sudden launch of the vehicle of this case at the early stage, or the defendant was the victim in the prosecutor's investigation, but it did not reach an agreement with the victim. The victim's bereaved family members did not reach the majority punishment of the defendant up to the trial of the court, and the defendant's age, character and conduct, home environment of the defendant, the defendant's motive, motive and circumstance leading to the crime of this case, the record and circumstances of this case, etc. of this case, and the judgment below's reasoning.

3. In conclusion, the prosecutor'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.

Criminal facts

Criminal facts and evidence recognized by the court as the substance of such facts and evidence.

참조조문

-형사소송법 제364조 제6항

유사 판례

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