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(영문) 서울북부지방법원 2014.08.14 2014노706
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (six months of imprisonment without prison labor) declared by the court below against the defendant is too unreasonable.

2. The judgment of the defendant committed the crime of this case by driving a towing vehicle, which caused a serious injury to the victim who has dried the front wheelchairs of the towing vehicle in violation of the duty of front-way driving, etc., and caused the victim to undergo treatment for not less than six months. The nature of the crime is heavy. However, the defendant's mistake is recognized, and the defendant has been detained for not less than two months due to the crime of this case, and there is no criminal records punished, and the defendant deposited 3 million won for the victim, and the towing vehicle was covered by the comprehensive motor vehicle insurance, and the towing vehicle was driven by the defendant. The victim is deemed to have been driven by the driver on the side of the crosswalk at the time when the accident of this case occurred, and the victim is deemed to have been negligent, and other circumstances such as the motive and background leading up to the crime of this case, the situation before and after the crime of this case, the defendant's age, character and behavior, occupation, family relation, etc., which are the conditions for sentencing indicated in the records are inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment 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;

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration in favor of the defendant in the front);

1. Social service order under Article 62-2 of the Criminal Act;

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