(영문) 청주지방법원 2019.06.13 2018노1523 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2019.06.13 2018노1523

교통사고처리특례법위반(치상)등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the lower court (one year of imprisonment, three years of suspended execution, community service 240 hours, and 40 hours of compliance driving) against the accused against the summary of the grounds for appeal is too unreasonable.

2. On August 13, 2015, as the court below explained in the unfavorable circumstances against the defendant, the defendant was sentenced to a fine on the violation of the Road Traffic Act due to a drunk driving on August 13, 2015, and was again under the influence of alcohol 0.318% again, and caused a traffic accident, thereby causing five victims to suffer from an injury requiring medical treatment for each two weeks. In light of the severity of the crime, it is necessary to strictly punish the defendant in light of the severity of the crime and the degree of the repetition or the taking of the crime.

However, considering the following factors: (a) the Defendant has no specific criminal history except the above fines; (b) the degree of injury suffered by the victims is relatively minor; (c) the victim is covered by comprehensive insurance; and (d) the victims are not punished by the victim by agreement with the victims; and (b) the Defendant’s age, character, occupation, occupation, environment, family relationship, motive, means and consequence of the crime; and (c) all of the sentencing conditions on the records of the instant case, including the circumstances after the crime, etc., the above punishment imposed by the lower court is too unreasonable.

3. In conclusion, 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 with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

참조조문

유사 판례

-대전지방법원 2020.11.25 2020노101

-청주지방법원 2019.10.17 2019노432

-대전지방법원 2021.03.24 2021노338

-서울고등법원 2021.04.02 2020노1896

-청주지방법원 2019.12.19 2019노1553