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(영문) 부산지방법원 2014.08.05 2014노1385

도로교통법위반등

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of KRW 700,00,000 imposed by the court below against the defendant is too unreasonable.

2. 판단 이 사건 각 범행은 피고인이 의무보험에 가입하지 않은 오토바이를 운전하다가 교차로에 이르러 정지신호임에도 불구하고 그대로 직진한 과실로 신호에 따라 좌회전하던 피해자 C 운전의 자동차를 충격하고, 위 충격으로 손괴된 오토바이의 비산물이 튕겨 신호대기 중인 피해자 E 운전의 자동차를 충격하여 손괴한 것으로 사고경위 등에 비추어 사안이 가볍지 아니한 점 등은 인정된다.

However, in light of the following: (a) in the first instance trial, the Defendant recognized the fact that the Defendant violated signal signals, and thereby reflects his mistake; (b) the degree of damage is relatively minor; (c) there is a family member to provide support, such as wife and child; (d) there is no past criminal record; and (e) other various circumstances that are conditions for sentencing as indicated in the record, such as the Defendant’s age, environment, family relationship, occupation, and the background of the instant crime, the sentence of the lower court

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 admitted by the court is as follows, except for the addition of “1. Defendant’s oral statement in the trial of the court of first instance” to the summary of the evidence of the court below, and thus, it is identical to each corresponding column of the court below’s judgment. Thus, it is cited in accordance with

Application of Statutes

1. Relevant provisions of Article 151 of the Road Traffic Act, each of Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.