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(영문) 제주지방법원 2015.4.30.선고 2015노108 판결

도로교통법위반,교통사고처리특례법위반

Cases

2015No108 Violation of the Road Traffic Act, Special Act on the Settlement of Traffic Accidents

Defendant

○○ (1980s) (1980s), Drivers

Appellant

Defendant

Prosecutor

South Korean Wars (prosecutions) and scarcitys (public trials)

Defense Counsel

Attorney Lee Sung-hoon (Korean Civil Code)

Judgment of the lower court

Jeju District Court Decision 2014Ra1513 Decided February 16, 2015

Imposition of Judgment

April 30, 2015

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for ten months and a fine of two hundred thousand won.

Where the defendant fails to pay the above fine, the above defendant for the period converted into one day by 100,000 won.

shall be confined in a workhouse.

To order the defendant to pay the amount equivalent to the above fine.

Reasons

1. Summary of grounds for appeal;

The punishment of the court below (two years of imprisonment without prison labor and two hundred thousand won of fine) is too unreasonable.

2. Determination

Considering the fact that the Defendant was in excess of the loading weight of the cargo vehicle, and was aware of the fact that he was in charge of the investigation into the cargo vehicle, the Defendant was driving the cargo vehicle without undergoing education at the Transport Training Institute for four months even though he was notified that he would receive safety education at the Transport Training Institute even though he did not have the driving experience of the cargo vehicle, and the Defendant was driving the cargo vehicle without undergoing education for four months, and the occurrence of serious damage, such as the death of the third person and the injury of the third person, etc., the Defendant is very heavy.

However, the lower court found the following circumstances based on the evidence duly adopted and examined at the lower court, namely, ① prepared a report to the effect that the police did not want to load the Defendant under the Road Act on August 16, 2014, but again, on September 22, 2014, considering the Defendant’s vehicle weight change through the alteration of the vehicle structure of the Defendant’s cargo vehicle, the Defendant was in an over-related criminal act under the Road Traffic Act. It seems that the content and application of the laws and regulations regarding the over-the-spot was somewhat unclear, and it seems not easy for the Defendant to understand the over-the-counter criminal act as well. ② the Defendant was transported to 5,6 times prior to the instant investigation, using the same cargo vehicle from the Jeju Island factory, and the employees of the above factory want to want to load the Defendant’s vehicle on the same day, ③ the number of times before and after each of the above circumstances, the Defendant’s vehicle structure and the degree of punishment of the Defendant’s personal injury, such as the victim’s vehicle structure and its performance.

3. Conclusion

Thus, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Discretionary Judgment】

Criminal facts and summary of evidence

The summary of the facts constituting the crime recognized by this court and the evidence related thereto are the same as the entries in 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. Article applicable to criminal facts;

Article 3(1) and the proviso to Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act

Han occupational injury and death by occupational negligence) and the former Road Traffic Act (Act No. 1283, Dec. 30, 2014)

Subparagraph 1 of Article 156 and Article 39(1) (Loading) (wholly amended by Act No. 12917; hereinafter the same shall apply)

Operation in excess of weight)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

For the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the choice of imprisonment without labor and the violation of the Road Traffic Act

Selection of Fines

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 3, and 50 of the Criminal Act

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Lee Jin-hee (Presiding Judge)

Site of separate sheet

Yellow America

Kim Jong-Jin