교통사고처리특례법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of two million won imposed by the court below against the defendant is too unreasonable.
2. The crime of this case is acknowledged as follows: (a) while driving a motor vehicle without mandatory insurance by the Defendant, and driving the motor vehicle on the left-hand side from the right-hand side of the Defendant’s driving at the front intersection, the above motor vehicle was shocked by negligence without regard to the victim’s driving motor vehicle, and the victim E, who is the victim and the passenger, caused the injury requiring approximately two weeks medical treatment; and (b) the case was not less weak in light of the circumstances of the accident, etc.; and (c)
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and against his mistake; (b) appears to have been in fact recovered from damage, such as the payment of medical expenses and vehicle repair expenses to the victims; (c) the economic situation is not limited; (d) one-parent family has a child to support; (e) the primary offender who had no record of criminal punishment previously committed; and (e) the Defendant’s age, environment, family relationship, occupation, and circumstances that form conditions for sentencing specified in the record, such as the background of the instant crime, the sentence of the lower court is unreasonable.
Therefore, the defendant's argument 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 of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46(2)2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts.