교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (two years of suspended sentence in August) by the court below is too unreasonable.
2. The judgment of this case is an unfavorable circumstance that the defendant, who is a taxi engineer, is not guilty of the defendant's negligence due to a traffic accident, while proceeding in the intersection where a red on-and-off signal, etc. is installed without temporary suspension. In particular, the victim F, who is a taxi passenger, was injured for about eight weeks in need of medical treatment.
However, in full view of the following circumstances: (a) the Defendant recognized his mistake; (b) the Defendant was admitted to the taxi mutual aid association; (c) the Defendant was admitted to the taxi mutual aid association; (d) the victims were recovered from damage through the said mutual aid association; and (c) the F did not punish the Defendant; (c) the traffic accident in this case appears to have occurred by the victim C’s negligence; (d) the Defendant did not have the same criminal power except for the Defendant who was sentenced once to a fine on the violation of the Road Traffic Act prior to 20 years; and (e) other circumstances that form the conditions for the pleadings and the sentencing specified in the records, such as the Defendant’s age, character and behavior, environment, and circumstances after the crime, the Defendant’s punishment imposed by the lower court is too excessive and unfair
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that 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 all 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) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1.Article 40 and Article 50 of the Criminal Code of Trade and Trade are the largest.