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(영문) 창원지방법원 2017.08.24 2017노877
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

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 eight months and the suspension of execution for two years) is too unreasonable.

2. The circumstances that are disadvantageous to the defendant, such as the fact that the defendant neglected his duty to drive safety on the sidewalk so that the victim who walked on the sidewalk gets a light and exceeded the floor, and the victim suffers a relatively weak injury, such as the gale of 12 weeks in transition, etc.;

However, in full view of various circumstances, such as the fact that the defendant acknowledges and reflects the crime, that the victim does not want the punishment of the defendant by agreement with the victim, that the defendant does not have any record of punishment for the same kind of crime, that the defendant has no record of suspended execution or more, that the defendant has to support the spouse and three minor children from Vietnam, and that the defendant has to support the defendant's age, environment, sex behavior, circumstances before and after the crime, etc., and that the sentence imposed by the court below is too unreasonable.

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. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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