교통사고처리특례법위반
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment without prison labor for six months.
except that this judgment.
1. The gist of the grounds for appeal is that each of the punishments against the Defendants (Defendant A: a fine of 6 million won, Defendant B: a fine of 4 million won) is too uneased and unreasonable.
2. Determination
A. Circumstances favorable to Defendant A are as follows.
The defendant is deeply divided into and reflected in the crime of this case.
The taxi operated by the defendant is covered by the mutual aid insurance policy of the Korean taxi transportation business association.
At the trial of the defendant, the defendant agreed to only the victim F who was on board the defendant's taxi with the victim F, and deposited KRW 1 million for the victim G.
The defendant has no criminal record except for those sentenced to a fine of KRW 500,000 by violating the Act on Special Cases concerning the Settlement of Traffic Accidents in 2010.
Defendant also sustained serious injury due to the instant accident.
However, there are the following disadvantageous circumstances for the defendant.
The defendant's negligence who entered the intersection by violating red signal was the main cause of the occurrence of the instant accident.
The degree of injury suffered by the victims of the accident of this case is serious.
The defendant did not reach an agreement with the victim G who was on board the victim B (the co-defendant in this case) and the defendant's taxi.
As seen earlier, even around 2010, the Defendant was subject to criminal punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, etc., the sentence against the Defendant, even though the Defendant was not sentenced to imprisonment, is too uncomponed and unfair.
B. Circumstances unfavorable to Defendant B are as follows.
The defendant's fault entering the intersection by violating yellow signal was also the cause of the accident of this case.
The degree of injury suffered by the victims of the accident of this case is serious.