(영문) 광주지방법원 2018.10.17 2018노2476 | 리걸엔진

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(영문) 광주지방법원 2018.10.17 2018노2476

교통사고처리특례법위반(치상)

Text

The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months without prison labor) is too unreasonable.

2. Determination is an unfavorable circumstance that the Defendant sustained six victims of the instant traffic accident caused by the central line intrusion, and that the degree of injury is not less than that of the victim, and that the Defendant’s driving vehicle is only covered by liability insurance.

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the first offender; (c) the victim F and the victim F in the first instance trial; and (d) the victims do not want the Defendant’s punishment in agreement with the remaining victims; and (c) other various sentencing conditions specified in the instant argument, including the background of the instant crime; (d) the circumstances after the commission of the crime; and (e) the Defendant’s age and environment, etc., the lower court’s punishment appears to be somewhat unreasonable and unfair

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, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

참조조문

유사 판례

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