도로교통법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,500,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable as the punishment (amounting to five million won) imposed on the defendant is too unreasonable.
2. In full view of the fact that the defendant was able to repent and reflect his mistake, that the defendant agreed smoothly with the victim D after the decision of the court below was rendered, and all other circumstances, which are the conditions for the sentencing of this case, are too unreasonable to maintain the sentence of the court below as it is.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal claiming unfair sentencing is therefore justified, and the judgment below is again ruled as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of 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. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act (the point of damage to business and actual property), Articles 148 and 54(1) of the Road Traffic Act (the point of failing to take measures after an accident), Articles 81 subparag. 2 and 12(1) of the Automobile Management Act (the point of failing to apply for registration of ownership transfer), Article 46(2), the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which has not mandatory insurance), and the choice of fines, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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;