logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.04.19 2017노2820
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (including six months of imprisonment without prison labor, two years of suspended execution, two years of surveillance of protection, two years of community service, 200 hours of social service, 40 hours of instruction of compliance driving) is too uneasible and unfair.

2. Determination of the instant traffic accident is an unfavorable circumstance to the Defendant that the victim suffered serious injury that the victim was placed in a brain death condition, and that the victim did not reach an agreement with the victim.

However, the following conditions are favorable.

At the time of the accident, there is negligence on the victim who illegally crossed the road at the time of the accident.

Defendant has no record of criminal punishment other than that sentenced to a fine once due to drinking driving in the past.

A motor vehicle operated by the defendant is covered by a comprehensive motor vehicle insurance, and the defendant deposited 7 million won for the victim.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow