도로교통법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.
2. The judgment that the Defendant destroyed another person’s vehicle while driving a vehicle not covered by mandatory insurance despite the fact that the Defendant had been punished twice due to the same kind of crime is disadvantageous to the Defendant.
However, in full view of the following factors: (a) the fact that the defendant recognizes and reflects his mistake; (b) there is no record of being punished in excess of a fine for the same kind of crime; (c) the victim wants the defendant to take a preference against the defendant by mutual consent with the victim; and (d) the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the punishment imposed by the court below is too unreasonable.
Therefore, the defendant's above assertion is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
【The part of the judgment rendered in multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance with Article 369
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, the option of punishment, and Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of fines, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In light of all the sentencing conditions as examined in the determination of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined in light of the overall sentencing conditions as examined in the judgment.