도로교통법위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. Although the Defendant alleged a mistake of fact did not violate traffic signals as stated in the instant facts charged, the lower court erred by misapprehending the fact, thereby finding the Defendant guilty.
B. In light of the circumstances leading up to the instant crime, etc., the lower court’s punishment (amounting to KRW 60,000) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below, the defendant's statement E and F, consistent with the fact that the defendant violated his/her traffic signals, has credibility, so the facts charged in the instant case are found guilty, and there were errors in the misapprehension of facts as alleged by the defendant.
It does not seem that it does not appear.
B. In full view of the circumstances leading up to the instant crime, the process leading up to this court’s dismissal of the Defendant’s request for judgment, the fact that the Defendant had no record of committing the instant crime, and all the conditions of sentencing as shown in the records and arguments, the sentence of the lower court against the Defendant seems to be too unreasonable and unfair.
Therefore, the defendant's assertion about the sentencing of the court below is justified.
3. As such, the defendant's assertion of facts is without merit, but the appeal on the grounds of unfair sentencing is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the appeal is again decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence against the defendant recognized by the court is identical to that stated in the corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and Articles 156 subparagraph 1 and 5 (1) of the Road Traffic Act concerning the facts constituting an offense;
1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.