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(영문) 대구지방법원 2017.01.26 2016노2817

교통사고처리특례법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unfasible, and that the prosecutor is too unfasible and unfair as it is too unfasible.

2. The Defendant’s negligence caused the result that the victim’s death could not be complied with.

However, the defendant is contrary to the facts charged, and the vehicle driven by the defendant is subscribed to the Financial Cooperative, and the victim's bereaved family members do not want the punishment.

In the instant traffic accident, the victim's negligence is very serious.

The defendant has no record of punishment in addition to two times before and after the fine of different species.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is 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 well-grounded, and the following is again decided after pleading (in a case where the court below's appeal is accepted by the defendant and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed in its order). The summary of facts constituting an offense and the evidence acknowledged by the court is identical to the description corresponding to each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with

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 the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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