(영문) 대전지방법원 2020.06.04 2019노2453 | 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) 대전지방법원 2020.06.04 2019노2453

교통사고처리특례법위반(치사)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The major point of the appeal is that the punishment of the original judgment (one year of suspended execution in August) is too unreasonable; and

2. The instant accident led to the death of the victim.

However, considering the following factors: (a) there is no history of criminal punishment against the Defendant for the same crime; (b) there is gross negligence on the occurrence of an accident to the victim; (c) the Defendant’s driver bus is a member of the mutual aid association; and (d) the Defendant has agreed with the heir of the victim in the court of first instance (at the first instance, one of his heir, who is in the progress of the adjudication of disappearance because his whereabouts is unknown); and (b) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (c) various sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, are too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Dao-written judgment] Since it is the same as the statement in the corresponding column of the judgment of the court below, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

In addition to the addition of “the Defendant’s partial statement in court” to “the Defendant’s trial court statement” and “the death diagnosis report” to “the Defendant’s trial court statement,” it is identical to the corresponding column of the lower judgment. As such, it is cited 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

참조조문

유사 판례

-광주지방법원 2013.09.13 2013노1483

-수원지방법원 2019.12.20 2019노5505

-인천지방법원 2015.09.16 2015노2794

-서울서부지방법원 2019.10.24 2019노1096

-인천지방법원 2020.09.10 2020노372