(영문) 수원지방법원 2014.02.19 2013노4115 | 리걸엔진

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(영문) 수원지방법원 2014.02.19 2013노4115

교통사고처리특례법위반

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The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for not less than five months.

Reasons

Summary of Grounds for Appeal

The sentence of the court below against the defendant (six months of imprisonment without prison labor) is too unreasonable.

Judgment

In light of the fact that the crime of this case was committed by the Defendant’s negligence in violation of the signal that caused three victims of the crosswalk, and that one of them was suffering from brain damage and made it impossible to lead a daily life or communicate, and that it was also covered by the liability insurance for the Defendant’s driver, and that the deposited money by the Defendant for the said victims is insufficient to take measures for the recovery of damage, it is inevitable to sentence the Defendant’s sentence.

However, in light of the fact that the defendant was the first offender, the mistake is divided, the two victims who were killed in the court below agreed with him and deposited KRW 10 million for the victims who were killed in the court below, the court below additionally deposited KRW 10 million for the victims who were seriously wounded in the court below, and other sentencing conditions in the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., are somewhat unreasonable.

Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. It is so decided as per Disposition on the grounds of Articles 40 and 50 of the Criminal Code or more of the Commercial Concurrent Crimes.

참조조문

유사 판례

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