logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.01.09 2013노2076
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (10 months) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, where the crime of this case was committed by causing a traffic accident in which the victim C (hereinafter “victim”) who was on board and loaded trees was on board while driving a boom truck and neglected the duty of booming, without finding a light boom that was driven by the victim C (hereinafter “victim”) prior to the occupational negligence, resulting in the death of the victim, which caused the traffic accident involving trees on board the booming and loading.

However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant faithfully implemented measures after the accident, such as sending the victim to the hospital after the occurrence of the instant traffic accident, that the defendant subscribed to a comprehensive motor vehicle insurance, that the defendant deposited eight million won for the victim's bereaved families at the investigation stage, that the bereaved family members of the victim want to take advantage of the victim's prior actions, and that the victim's bereaved family members want to live together with the victim's bereaved family members in consultation with the victim's bereaved family members, and that the defendant led to confession and reflects, the circumstances and results of the instant crime, etc., and the sentencing conditions specified in the records and arguments, the sentence imposed by the court below is somewhat inappropriate, and the above argument

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

2. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of favorable reasons for the reversal of the above judgment);

arrow