(영문) 광주지방법원 2018.07.04 2018노29 | 리걸엔진

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(영문) 광주지방법원 2018.07.04 2018노29

교통사고처리특례법위반(치상)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The lower court’s sentence (a punishment of imprisonment for one year, a suspended sentence of two years, a community service order of 200 hours, and an order to attend a law-abiding lecture of 40 hours) of the gist of the grounds for appeal is too unfasible and unreasonable.

2. Determination is the circumstances favorable to the defendant that recognize and reflect the crime of this case, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, and there are difficulties in living due to the crime of this case.

However, if the defendant caused a traffic accident while under the influence of alcohol 0.145% in 2009 and caused the death of the passenger and was sentenced to a suspended sentence of two years in the Gwangju District Court for one year, and there was other records of being sentenced to each fine due to drinking in 2003 and 2012. Nevertheless, the defendant, without being aware of himself, was driving in the state of drinking in 0.189% in blood, while driving in the state of drinking with the central line without being aware of the fact, and caused the driver of the damaged vehicle and the same passenger of the damaged vehicle by negligence in violation of the signal, which caused the crime of this case. In light of the criminal records of the defendant, etc., the crime of this case is very poor, and the possibility of repeating the crime is high in view of the defendant's criminal records, etc., the defendant's sentence imposed by the court below is somewhat unreasonable, and thus, the prosecutor's assertion of sentencing is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each 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. Each of the former Act on Special Cases Concerning the Settlement of Traffic Accidents (Act No. 14277, Dec. 2, 2016) concerning criminal facts.

참조조문

-교통사고처리 특례법

유사 판례

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