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(영문) 울산지방법원 2015.01.16 2014노1013
교통사고처리특례법위반
Text

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 sentence of the court below (two years of suspended execution and forty hours of community service and lecture attendance order for six months in the safe) against the accused in summary of the grounds for appeal is too unreasonable.

2. The traffic accident of this case, which is judged, was caused by the Defendant’s failure to give a full view of the front section and the left section while continuing the traffic accident of this case, and was caused by the Defendant’s negligence, and the victim died and is in depth and is in contravention of the result. However, the traffic accident of this case seems to be due to the negligence of the victim who immediately entered the first lane of the second line of the road in the direction of the Defendant’s operation on the roads in which the Defendant did not properly examine the vehicle of the directly employed Defendant, and appears to be due to the negligence of the victim. The Defendant agreed with the bereaved family of the victim, the vehicle of the Defendant was covered by the comprehensive insurance, the vehicle of the Defendant was covered by the comprehensive insurance, the Defendant is a primary offender with no criminal history, and the suspension of execution is likely to be dismissed due to the grounds for disqualification under the rules of employment in the workplace, and other various sentencing conditions in this case, such as the Defendant’s age, character and behavior, environment, and family relationship, the above allegation of unfair sentencing by the Defendant and

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 as shown in each corresponding column of the judgment 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 Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. The order of provisional payment;

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