(영문) 서울북부지방법원 2014.12.24 2014노1332

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(영문) 서울북부지방법원 2014.12.24 2014노1332

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of the court below (nine months) declared by the court below is too unreasonable.

2. The crime of this case committed by the Defendant, while driving the instant vehicle under the speed of the Defendant, led to the death of the victim who was unauthorized due to negligence while neglecting the front line. In light of the degree of breach of the Defendant’s duty of care and the degree of damage, etc., the Defendant’s act is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the victim’s bereaved family members do not want punishment against the Defendant in the trial; (c) the instant vehicle is covered by the comprehensive motor vehicle insurance; and (d) the Defendant deposited the victim’s bereaved family members in aggregate; (b) the Defendant has no record of being punished for the same kind of crime; and (c) the Defendant has no record of being punished for the same crime; and (d) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence; and (e) circumstances after the crime

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 with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment, 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. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances examined in the grounds for reversal);

참조조문

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