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(영문) 부산지방법원 2018.01.23 2017노4305

교통사고처리특례법위반(치상)등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. It is recognized that the judgment defendant has been sentenced to a fine and a suspended sentence on several occasions for the same crime.

However, considering the following circumstances: (a) the Defendant has led to the confession of all crimes and divided his mistake; (b) the part and degree of injury is easy; (c) the distance from driving without a license is shorter; (d) the victim appears to have paid part of the cost of repairing damaged vehicles; and (e) other circumstances exist to consider the circumstances leading to the instant crime; (b) the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes; and (c) all of the sentencing conditions specified in the instant argument, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. According to the 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 ruled after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 151 of the Road Traffic Act concerning facts constituting an offense;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the crimes of violation of the Road Traffic Act, and the punishment imposed on the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which are heavier

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) shall be aggravated for concurrent crimes (the above two.