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(영문) 부산지방법원 2018.04.26 2018노313
교통사고처리특례법위반(치사)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (one year of imprisonment without prison labor) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case committed by the defendant while driving a taxi is likely to cause the death of the victim of the crosswalk by negligence that the defendant proceeded in violation of the stop signal while driving the taxi and resulting in the death of the victim, and the circumstances unfavorable to the defendant, such as the fact that the criminal liability is heavy, are recognized in light of the substance of the crime.

However, in light of the fact that the defendant led to the confession of the crime of this case and the fact that the defendant wants to take the defendant's wife against the defendant by mutual agreement with his bereaved family members, the defendant's vehicle is covered by a comprehensive motor vehicle insurance for a long time, the defendant has no particular criminal history for a long time, the defendant's health status is not good for an old age, and other circumstances, which are the conditions for sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., the punishment of the court below against the defendant is too too unreasonable.

Therefore, the above argument of the defendant's above sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. As such, the Defendant’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 as follows ( insofar as the lower court’s appeal is reversed on the grounds that the Defendant’s appeal is well-grounded, the prosecutor’s appeal shall not be dismissed separately). The summary of facts constituting an offense and evidence acknowledged by the court is the same as the entries in each corresponding column of the lower court’s judgment, and thus, they are cited pursuant to Article

Application of Statutes

1. Handling of traffic accidents under relevant Articles of the Act and selective punishment concerning facts constituting an offense;

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