(영문) 수원지방법원 2015.05.27 2015노1875 | 리걸엔진

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(영문) 수원지방법원 2015.05.27 2015노1875

교통사고처리특례법위반등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. The crime of this case is driving a vehicle which is not covered by mandatory insurance even though the defendant had a record of criminal punishment several times due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Guarantee of Automobile Accident Compensation Act, a violation of the Road Traffic Act

In light of the facts leading up to the crime, method, and contents, etc., the defendant was sentenced to six months of imprisonment for the crime of violation of the Road Traffic Act (unlicensed Driving) around June 201, and was sentenced to fines on two occasions on or around November 201, such as the violation of the Road Traffic Act (Unlicensed Driving) and the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), although there were unfavorable circumstances such as the fact that the defendant committed the instant crime on or around May 201, he committed the instant crime. However, there were no relatively much emphasis on the degree of traffic accident damage, and the victim did not want the punishment against the defendant by mutual consent with the victim at the trial. In full view of all the circumstances such as the defendant’s age, character, character, environment, family relationship, motive of the crime, means, result, etc., the defendant’s allegation that the sentence is unreasonable is too unreasonable.

3. Accordingly, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is based on its conclusion, and the following judgment is rendered.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are as stated in each corresponding part of the judgment of the court below, except for deletion of No. 1 through 3 of the facts charged in the judgment of the court below and deletion of No. 4 of the summary of the evidence. Thus, it is true in accordance with Article 369 of

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