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(영문) 춘천지방법원 2016.09.29 2016노92

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 6 million) is too uneasy and unreasonable.

2. The Defendant denied part of the part of the lower court’s violation of signal in the court, but entered the intersection by reporting yellow signal at the time of the prosecutor’s investigation, even if the Defendant reported yellow signal at the time of the prosecutor’s investigation.

In light of the above statements, it is recognized that the defendant violated the signal.

In full view of the following circumstances: (a) the Defendant’s age, gender, environment, motive and circumstance leading to the instant crime; and (b) the circumstances before and after the instant crime were committed; and (c) the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.