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(영문) 창원지방법원 2017.10.19 2017노2087
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

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 (the imprisonment without prison labor for six months and the suspension of execution for two years) is too unreasonable.

2. In particular, there is a disadvantage to the defendant, such as the fact that the defendant neglected the duty to drive safety and resulting in a traffic accident by negligence, disregarding the stop signal at the intersection, causing injury to three victims, and especially the victim F has suffered serious attention of 10 weeks, such as the closure frame of the 2nd trend, etc.

However, considering the fact that the defendant acknowledges and reflects the crime, the degree of injury of the victim C and E is not much serious, the defendant does not want to punish all the victims under the agreement with the victim C and E in the judgment of the court below, since the vehicle operated by the defendant is covered by comprehensive insurance, damage compensation can be made because the defendant has no record of punishment, the defendant is the first offender who has no record of punishment, the defendant is dismissed from the company in which the defendant is in office if the sentence of the court below becomes final and conclusive, and other various circumstances that are the conditions for the punishment specified in the records and arguments of this case, such as the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, etc., it is judged that the punishment imposed by the court below is too inappropriate.

3. The decision 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 judgment below is ruled again as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the 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. Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Articles of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

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