Defendant

Defendant

Kim Sung-mun

Attorney Jin-bok

Suwon District Court Decision 2004Ma1525 delivered on November 3, 2004

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

When the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for a period calculated by converting 50,000 won into one day.

1. Summary of grounds for appeal;

In light of the background leading up to the accident of this case and the fact that the defendant's mistake is deeply divided and reflects it, the sentence imposed by the court below against the defendant is too unreasonable.

2. Determination

According to the records, the defendant's driving of freight cars as stated in the judgment of the court below, which caused the accident of this case as it failed to properly see signals, etc. on the roads near the Mara-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, the extent of damage caused by the accident of this case is relatively minor, and the defendant has to support his consciousness as a first offender without any previous criminal records up to this day, and has to not re-offending again while breaking his mind. In addition to these circumstances, considering the defendant's age, occupation, character, environment, circumstance and result of the accident of this case, and the conditions of various sentencing as shown in the argument of this case such as the following circumstances, it seems that the punishment of a fine of KRW 7 million which the court below sentenced the defendant is too unreasonable. Thus, the defendant's above assertion

3. Conclusion

Therefore, 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 as follows.

The summary of the criminal facts and evidence against the defendant recognized by this court is the same as the statement of each corresponding column of the judgment of the court below, and such summary is cited in accordance with Article 369 of the Criminal Procedure Act.

1. Provisions of applicable Acts to criminal facts;

○ Injury caused by occupational negligence: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act

○ Property damage by occupational negligence: Article 108 of the Road Traffic Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments on Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with Severe Punishment)

1. Selection of punishment;

Selection of Fines

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

Judges Shin Young-Jon (Presiding Judge)