(영문) 대구지방법원 2017.04.20 2016노3915 | 리걸엔진

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(영문) 대구지방법원 2017.04.20 2016노3915

교통사고처리특례법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below (10 months of imprisonment without prison labor and 2 years of suspended execution) on the summary of the grounds for appeal is too unreasonable.

2. The instant traffic accident, which occurred by the negligence of the accused, led to the death of the victim who was aboard the other driver of the vehicle.

However, in light of the following circumstances: (a) the fact that the Defendant recognized the facts charged and reflects on the charge; (b) the Defendant was subscribed to a comprehensive insurance; and (c) the said bereaved family was not subject to punishment by agreement with the victim’s bereaved family; and (d) the instant traffic accident is concurrent with the other party’s driver’s negligence, such as the other party’s violation of signal and the Defendant’s violation of the duty of care in front of the Defendant; (b) the other party’s negligence appears to be greater in light of the circumstances of the accident; (c) the Defendant’s negligence is not a gross negligence falling under the proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents; (d) the Defendant’s age, environment, sexual conduct; (e) the circumstances leading to the instant crime; and (e) other various circumstances that form the conditions for sentencing as indicated in the records, such as the following circumstances. The

3. As such, 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 the defendant's appeal is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is identical to the 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 legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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