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(영문) 서울서부지방법원 2014.04.24 2013노1394

교통사고처리특례법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. On the summary of the grounds for both appeals, the defendant asserts that the punishment of the court below (4 months of imprisonment without prison labor, 1 year of suspended execution, 80 hours of social service) is too unreasonable, and the prosecutor argues that it is too unreasonable.

2. In view of the fact that the instant traffic accident occurred due to the Defendant’s negligence in violation of the duty to protect pedestrians on the crosswalk, the degree of damage is not less than that of the Defendant, and the Defendant denied the crime to the first instance court, the instant traffic accident ought to be strictly punished.

However, considering the fact that the defendant committed a crime in the course of the trial and commits a crime against the defendant, that the court of first instance agreed on the part concerning criminal liability with the victim, that the vehicle of the defendant was covered by comprehensive insurance, that there is no particular criminal power except the previous fine power, and that there are various sentencing conditions in the records and arguments, such as the defendant's occupation, age, career, character and conduct, it is judged that the sentence of the court below against the defendant is unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Fine);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;