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(영문) 전주지방법원 2014.11.21 2014노1071
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The sentence of the lower court (six months of imprisonment without prison labor) against the accused in the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to require strict punishment against the defendant in light of the fact that the defendant committed the crime of this case by negligence that the defendant neglected his duty of care in the direction of the course while driving a narrow alley, causing injury to the victim. The nature and circumstances of the crime of this case are not provided to the defendant, even though the victim suffered injury that requires about 16 weeks of treatment due to the traffic accident of this case, it seems that the vehicle operated by the defendant is not sufficient for the recovery of damage to the victim, and that the defendant did not reach agreement with the victim. However, the defendant's confession of the crime of this case and had an opportunity to reflect against the defendant through confinement life for more than 2 months. Although the defendant did not reach agreement with the victim, the traffic accident of this case was deposited 5 million won at the court below for recovery of damage to the victim, since the defendant's age from the right direction of the defendant's vehicle to the right side of the defendant's vehicle, and the defendant's health and behavior and the surrounding circumstances of the defendant can not be found to have been completely punished.

3. Conclusion.

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