교통사고처리특례법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The sentence of the lower court (a fine of 1.5 million won) against the Defendant in the summary of the grounds for appeal is too unreasonable.
2. The instant crime is also driving a car that did not purchase a mandatory insurance policy for automobiles.
In light of the background of the accident and the degree of negligence that the damaged taxi was damaged by negligence that did not secure the safety distance, the case is not less than that of the case when seen in light of the background of the accident and the degree of negligence. On December 26, 2008, the defendant was sentenced to a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving) at the Busan District Court on December 26, 2008 and a fine of KRW 1 million as a crime of violation of the Road Traffic Act (Unlicensed Driving) at the Changwon District Court on July 13, 2009.
However, considering all the circumstances such as the defendant's age, environment, occupation, and family relationship, the sentence of the court below is hot, if it is considered that the defendant agreed with the victim for a traffic accident, that the defendant has no record of punishment due to traffic accident, that the defendant recognized the crime and reflects depth, that there is no family member with the defendant's economic situation, and that there is no other family member with the defendant's family.
Therefore, the defendant's argument is justified.
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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46(2) and Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012) concerning criminal facts.