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(영문) 대전지방법원 2017.10.12 2017노1647
교통사고처리특례법위반(치사)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for a period of two years and six months.

Reasons

1. The sentence imposed by the lower court (two years’ imprisonment without prison labor) on the summary of the grounds of appeal is too unfased and unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the mistake, that the defendant was the first offender, and that the vehicle driven by the defendant was covered by comprehensive insurance.

However, the defendant is driving a motor vehicle, driving a motor vehicle more than 84 km, violating the signal, and failing to fulfill the duty to protect pedestrians in the crosswalk, resulting in the death by shocking the victims of the crosswalks according to the pedestrian signals. The degree of the negligence and the result caused by the negligence is very significant.

The defendant did not agree with the bereaved family members of the victims, and the bereaved family members of the victims expressed their intent to punish the defendant.

In addition to these circumstances, in full view of all the sentencing conditions in the records and theories of the instant case, including the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s sentence against the Defendant is deemed unfair and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

1. Prior to the reasons for sentencing of selective imprisonment without prison labor, the sentencing conditions set forth in paragraph 2 above shall be comprehensively considered and determined as ordered.

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