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(영문) 대전지방법원 2016.10.05 2015노3099

교통사고처리특례법위반

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The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The facts charged in this case are cases where the prosecution cannot be instituted against the victim's clearly expressed intention. Since the victim expressed his intention not to be punished before the court below sentenced the defendant, the dismissal of prosecution in this case shall be dismissed.

Nevertheless, the lower court erred by rendering the Defendant a sentence of two-year suspension of the execution of imprisonment without prison labor for six months.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence on June) is too unreasonable.

2. The summary of the facts charged of this case is as follows: “Defendant is a person engaged in driving a small-scale taxi. The Defendant, at around 22:33 on December 25, 2013, driven the above taxi and proceeded at a speed of 60 to 70 km each hour from the right side of the above two-lanes along the above road at a speed of 2:0 km from the right side of the cross-section in the city of iasan-si along the speed of Sinsan-si. The Defendant neglected his duty of care in advance to prevent damage to the road by driving the vehicle on a safe basis by driving the vehicle at a place where it seems well known, such as the vehicle under the stop. Nevertheless, the Defendant neglected to do so and caused damage to the road to the left side of the above crosswalk and caused damage to the vehicle without permission by driving the vehicle on the right side of the victim.”

Article 3 (2) of the Special Act on the Settlement of Traffic Accidents provides that the crime of bodily injury caused by occupational negligence by traffic of a vehicle shall be the crime of no punishment.