(영문) 광주지방법원 2017.04.25 2017노366 | 리걸엔진

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(영문) 광주지방법원 2017.04.25 2017노366

교통사고처리특례법위반(치사)

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The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal asserts that the punishment of the court below is too unreasonable, while the prosecutor asserts that the sentence of the court below is too uneasible and unfair.

2. The instant crime was committed by the Defendant while driving a stroke, resulting in the Defendant’s shocking of the victim’s vehicle by negligence, resulting in the victim’s death, and the nature of the crime is considerably heavy in that the victim did not commit any particular negligence.

However, the Defendant fully acknowledges the instant crime, and the bereaved family members of the victim have paid consolation money of KRW 37 million to the victim’s bereaved family members and agreed to punish the victim’s bereaved family members, and according to the sentencing guidelines of the Supreme Court sentencing committee, the victim’s bereaved family members are not subject to punishment, as in the case of the victim’s non-won of punishment.

It seems possible for the victim and his/her bereaved family members to recover damage due to the defendant's vehicle's subscription to cargo mutual aid.

In addition, there is no particular criminal history except that the defendant has been punished once within 15 years from the date of the crime of this case.

In full view of all the circumstances, such as the Defendant’s age, sexual conduct, environment, circumstances after the crime, circumstances after the crime, and the case of multiple sentencing in the case similar to the instant case, including these circumstances, the lower court’s sentence is too unreasonable because it is too unreasonable to sentence the Defendant.

3. In conclusion, the prosecutor's appeal is without merit, but 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 following is ruled after pleading.

Criminal facts

Criminal facts recognized by this court as well as the summary of the evidence are stated in each corresponding column of the original judgment.

유사 판례

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-대구고등법원 2016.08.11 2016노231

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