(영문) 청주지방법원 2018.01.19 2017노1449 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2018.01.19 2017노1449

교통사고처리특례법위반(치사)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the defendant (one year of imprisonment) sentenced by the court below is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The court below held that the defendant committed the crime of this case, under favorable circumstances such as that the defendant led to the confession of all of the crimes of this case and submitted a statement of reflect on the defendant's wrongness, and that the defendant was not subject to punishment by agreement with the victim H, that the defendant was also subject to medical treatment for a long time due to the accident of this case, and that the defendant was also making efforts to recover damage, such as deposit of 10 million won for the bereaved family members of the victim F even under such financial circumstances, and that the crime of this case was committed by the defendant with a strong shock of the taxi driven by the victim F in violation of the signal in full condition, and caused two weeks of injury to the passenger, and caused the death of the driver of this case. In light of the circumstances of the crime, method and result of the crime, etc., the crime was very poor in light of the defendant's negligence and serious result of death. The defendant did not subscribe to mandatory insurance, and thus, the victim was not subject to sufficient compensation and did not have any previous conviction against the defendant.

When comprehensively considering the motive, circumstance, result, the circumstances after the crime, the defendant's age, sexual conduct, record of punishment, etc. in the trial of the political party, as well as the matters under the conditions of sentencing, including the punishment, the judgment of the court below exceeded the reasonable bounds of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, we cannot accept all the grounds for appeal by the defendant and the prosecutor.

3. Conclusion.

유사 판례

-대전지방법원 2016.06.23 2015노3508

-춘천지방법원 2016.02.17 2015노1255

-대전지방법원 2017.07.07 2016노2437

-창원지방법원 2016.03.03 2015노2603

-수원지방법원 2018.12.12 2018노4567