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(영문) 대구지방법원 2020.01.09 2019노4216
교통사고처리특례법위반(치상)등
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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The defendant asserts that the sentencing of the court below (six months of imprisonment) is too uncomfortable, and the prosecutor is too unfortunate and unfair.

2. The Defendant had the record of criminal punishment for a crime of violation of the Road Traffic Act, and was engaged in a driving under the influence of alcohol during the period of suspension of the sentence of imprisonment for a crime of this type. The Defendant also sent the traffic accident during that period.

However, the defendant recognized a mistake and opposed to it, and agreed with the victims of the traffic accident in the course of the trial.

The degree of injury suffered by the victims is relatively minor.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc., the lower court’s sentencing is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading.

[Discied Judgment] The same as the relevant column of the judgment of the court below on criminal facts and the summary of evidence.

Application of Statutes

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the relevant criminal facts, Article 268 of the Criminal Act, and Article 148-2(2)3 of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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