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(영문) 부산지방법원 2016.09.22 2016노2625
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

Reasons

1. The imprisonment of 8 months sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. The judgment below is clear that the defendant's liability for the crime of this case, such as the defendant's failure to compensate the victims individually, caused the traffic accident of this case by occupational negligence that causes the victim's shocking the victim's C, the victim's 4 weeks in need of the victim C, the victim D with the victim's serious injury 8 weeks in need of the victim, and the above Orala is covered by the liability insurance, and the defendant did not compensate the victims individually.

However, the crime of this case is basically by negligence, and the defendant is a young person of 20 years of age, and the defendant is taking the attitude of recognizing and opposing the error, the defendant does not want the punishment of the defendant under the agreement with the victim D in the case of the party, the victim C was negligent in crossing the crosswalk, and the defendant was 17 years of age.

After being sentenced to imprisonment with prison labor for special larceny in 2013, circumstances such as the absence of any particular criminal history should also be considered as important in sentencing against the defendant.

Considering the above circumstances and other circumstances such as the character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime, the punishment sentenced by the court below is too heavy.

The decision is judged.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding part 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) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts.

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