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(영문) 대전지방법원 2015.11.04 2015노1354
도로교통법위반(사고후미조치)등
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 summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below against the defendant is too unhued.

2. The circumstances favorable to the Defendant include: (a) the Defendant’s recognition of all of his/her own crimes and reflects the depth of his/her serious attitude; (b) efforts have been made to recover the damage of the victim; and (c) the fact that the Defendant’s accident did not

On the other hand, the instant crime was committed without having to purchase mandatory insurance without having to transfer the ownership of a motor vehicle, and causes traffic accidents while driving the motor vehicle in a state without having to purchase a mandatory insurance, and its nature is very poor, and the blood alcohol concentration at the time of driving was very high to 0.196%, and the Defendant was committed without being aware of the fact that the Defendant was committed the instant crime without being aware of it even during the period of repeated crime.

In full view of the above circumstances and other circumstances leading to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relation, environment, occupation, etc., the Defendant’s punishment imposed by the lower court is deemed to be too uneasible and unfair. Thus, the Prosecutor’s assertion of unreasonable sentencing is with merit

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the crime of this case are the same as that of each corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 369

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 148, 54 (1), 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the same Act;

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