교통사고처리특례법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the sentence imposed by the court below (2 million won and the burden of litigation costs) is too unreasonable and unfair (the defendant explicitly withdraws his assertion of mistake as to the facts on the first trial date). 2. The crime of this case is an unfavorable circumstance against the defendant, in light of the location and circumstances of the accident, and the degree of violation of duty of care, etc., that the crime is not easy in light of the fact that the defendant was committed while entering and operating the safety zone where the defendant is prohibited from entering, causing injury to the victim while driving the vehicle, and at the same time damaged the damaged vehicle.
However, in full view of the circumstances that are favorable to the defendant, such as the fact that the defendant had been aware of the crime of this case, the degree of injury suffered by the victim is relatively minor, the fact that the victim deposited KRW 500,00 for the victim when he was in the first instance trial, and that there was no record of punishment for the same kind of crime, and the defendant's age, sex behavior, environment, background and method of the crime, circumstances after the crime, and criminal record relation, etc., the sentence imposed by the court below is unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: “1. Part of the Defendant’s legal statement” in the summary of the evidence of the judgment below to “1. The Defendant’s legal statement” is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, which relate to the crime, and Article 268 of the Criminal Act (the value of occupational negligence).