(영문) 대전지방법원 2019.10.10 2019노1171 | 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) 대전지방법원 2019.10.10 2019노1171

교통사고처리특례법위반(치사)

Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal: As to each of the judgment below’s sentencing (eight months’ imprisonment without prison labor), the defendant asserts that it is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

2. The Defendant’s negligence on the occurrence of the instant accident is serious; the occurrence of the serious consequence of the instant accident, which led to the death of the victim, is very significant; however, the fact that the agreement with the bereaved family members of the victim was not reached is disadvantageous.

On the other hand, it seems that the damage equivalent to the amount was compensated by paying 69,50,000 won to the insurance company to which the defendant was a party upon the claim for indemnity of the insurance company to which the victim was a party, and the damage was compensated by paying 24,00,000 won respectively. The defendant deposited 7,50,000 won to two bereaved family members of the victim in order to recover damage at the court below, and additionally deposited 5,00,000 won in the court below, and deposited 25,00,000 won in total, and deposited 25,00,000 won in addition to the court below, there was no criminal conviction exceeding the fine, and there was no criminal conviction from the defendant since 2004, that the defendant had been relatively aged 68 years old, and that social ties relations seems clear, such as the defendant's family members and many other persons appeal the prior action against the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the Defendant’s age, character and conduct, environment, details and details of the crime, and circumstances after the crime, the lower court’s punishment is deemed to be too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

[Discied Reasons for the judgment], and facts of crime.

참조조문

-형사소송법 제364조 제6항

유사 판례

-춘천지방법원 강릉지원 2015.01.27 2014노568

-청주지방법원 2014.12.05 2014노804

-대전지방법원 2020.01.09 2019노1561

-춘천지방법원 강릉지원 2013.12.10 2013노456

-대전지방법원 2019.11.14 2019노2031