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(영문) 서울북부지방법원 2019.03.14 2018노2366
교통사고처리특례법위반(치사)
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The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case committed by the Defendant on an expressway, resulting in the death of the victim due to negligence on the part of the Defendant, who neglected the duty of front-time watch on the expressway and failed to operate the brake system properly, and the degree and result of the negligence is very serious, etc. are disadvantageous

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, there is no history of punishment heavier than the suspended sentence for the same crime, the vehicle driven by the defendant is admitted to the I.I. association, and the bereaved family members expressed their intention that the bereaved family members do not want the punishment of the defendant by agreement with the victim at the time of the trial, the sentence of the court below seems unfair.

Therefore, the defendant's argument is justified.

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

【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, thereby citing them 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 Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

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