(영문) 창원지방법원 2013.07.18 2013노566 | 리걸엔진

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(영문) 창원지방법원 2013.07.18 2013노566

교통사고처리특례법위반

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Defendant

All appeals by prosecutors are dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s ground of appeal is that the instant accident occurred when the victim D (hereinafter “victim”) continued to be more than 80 km per hour, and the Defendant violated the duty of ex officio care. However, the lower court convicted the Defendant of the facts charged in the instant case based on the victim’s false statement, etc., so the lower court erred by misapprehending the facts against the rules of evidence and thereby adversely affecting the conclusion of the judgment.

B. In light of the prosecutor’s grounds of appeal that the Defendant did not reflect the instant crime by denying the Defendant’s criminal act and declaring that the Defendant did not have an intent to agree with the victim, that the Defendant did not subscribe to comprehensive insurance on the Defendant’s vehicle, and that the victim wanted to be punished by the Defendant, etc., the penalty of KRW 1,00,000, which the court below sentenced by the court below, is too uneas

2. Determination

A. In full view of the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts, the defendant's assertion of injury to the victim due to occupational negligence as stated in the judgment of the court below can be sufficiently recognized. Thus, the above assertion by the defendant is without merit.

B. Even when considering the circumstances alleged by the prosecutor as to the prosecutor’s assertion of unfair sentencing, it is difficult to consider that the Defendant’s vehicle has a liability insurance policy to a certain extent to recover damage to the victim, and that the degree of injury to the victim caused by the instant accident is significant. In full view of all other circumstances, including the Defendant’s character, conduct and environment, the background and result of the instant crime, and the circumstances after the commission of the crime, etc., and the sentencing conditions specified in the records and arguments, the Defendant’s sentence imposed by the lower court is deemed unreasonable. Thus, the prosecutor

3. Conclusion, the defendant and the defendant.

유사 판례

-창원지방법원 2014.10.10 2014노1569

-서울북부지방법원 2015.04.03 2015노133

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-대전지방법원 2019.07.17 2018노2566

-대전지방법원 2014.04.23 2013노2369