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(영문) 서울남부지방법원 2015.11.19 2015노1497
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant’s mistake recognized and against himself; (b) agreed with the victim’s bereaved family; (c) the victim’s negligence in the occurrence of the instant accident; and (d) the Defendant’s economic situation is difficult to find a job if the Defendant’s punishment is determined as is; and (b) the Defendant’s punishment (one year of suspended execution in June) declared by the lower court is too unreasonable.

2. Determination is that the instant accident occurred in the course of stopping beyond a stop line near the crosswalk, and the signal is being changed, and the degree of breach of duty of care is not less severe. The Defendant’s death resulting from the instant accident is disadvantageous to the Defendant.

However, even if a pedestrian signal has been changed in red, it can be deemed that the victim intended to build the crosswalk was the cause of the instant accident, and such circumstance may reduce the possibility of criticism against the defendant to a certain extent. The defendant agreed with the victim's bereaved family members and the above bereaved family members do not want to punish the defendant, the defendant appears to have an attitude against his/her mistake, and the fact that there is no history of criminal punishment against the defendant is favorable to the defendant.

In addition, in full view of the various circumstances, including the circumstances after the crime, the age, environment, and family relationship of the defendant, which are the conditions for sentencing as shown in the records and arguments, the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence, are as stated in each corresponding column of the judgment below.

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