(영문) 대전지방법원 2020.01.08 2019노3080 | 리걸엔진

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(영문) 대전지방법원 2020.01.08 2019노3080

교통사고처리특례법위반(치사)

Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) of the lower court is too unreasonable.

2. In light of the background and method of the determination of the crime, the fact that the liability for the crime is not easy and that the death of the victim was caused by the Defendant’s crime is disadvantageous to the Defendant.

However, in light of the circumstances that are favorable to the defendant, such as the fact that the defendant's mistake is recognized and contradictory to the defendant, and that the bereaved family members of the victim do not want punishment against the defendant, and the occurrence of the accident of this case is not much involved in the occurrence of the accident of this case, etc., the sentencing of the court below is too unreasonable in light of the circumstances that are conditions for sentencing specified in the judgment of the court below, such as the motive, means and result of the crime, and the circumstances after the crime, etc.

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.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Determination of the sentence as set forth in the text of the suspended sentence, taking into account the various circumstances as seen earlier prior to the reasons for sentencing under Article 62(1) of the Criminal Act ( considered as favorable circumstances in the judgment above);

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