(영문) 부산지방법원 2015.01.23 2014노4199 | 리걸엔진

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(영문) 부산지방법원 2015.01.23 2014노4199

교통사고처리특례법위반

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The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable for four months of imprisonment without prison labor declared by the defendant.

2. The crime of this case by the Defendant, while driving a car on an expressway, violated the duty of the front stop on the road while controlling a part of the lanes on the road at the time, resulting in an injury in need of medical treatment for about 12 weeks due to the shock of the victim who was suffering from the harm caused by the preceding traffic accident, and the case is not weak in light of the degree of damage.

However, in full view of the following: (a) the Defendant was detained for more than two months before release as bail and was in depth against the Defendant; (b) the victim expressed his intention not to punish the Defendant; (c) there was no past record of criminal punishment; (d) the Defendant’s occupation, environment, family relationship; and (e) circumstances leading to the instant crime; and (e) the circumstances before and after the instant crime, etc., the lower court’s punishment is excessively unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and 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 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. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

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

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