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(영문) 전주지방법원 2013.08.16 2013노629
교통사고처리특례법위반
Text

1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 5,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. The sentence (4 months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant committed the crime of this case at the same time during the suspension period of the execution of imprisonment with prison labor sentenced to the same crime, and the crime of this case was committed by the defendant due to the negligence of driving a taxi in violation of the intersection signal and caused injury to the victim D and the victim F, who is the passenger of the defendant, by the negligence of driving the taxi. The crime of this case was committed by the defendant. However, although the crime of this case is not less complicated, the defendant agreed with the victims, the victim F, the victim F, the victim D, the defendant was faced with the defendant's wife, the victim D, the defendant was not punished, and the crime of this case was committed seriously against the defendant while the defendant recognized the crime of this case, and other various circumstances, including the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the punishment of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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