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(영문) 대구지방법원 2014.07.03 2014노258
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. The offense of causing a traffic accident while driving a vehicle without mandatory insurance, is heavy, and the victim suffers from an injury, such as acute climatic species, for which treatment for three months is required, and the degree of damage is serious.

Until the trial, the defendant did not agree with the victim.

However, the defendant is the first offender, is recognized as erroneous, and is in profoundly against himself.

The accident of this case occurred three days after the expiration date of the defendant's vehicle liability insurance, and the defendant was driving along one lane between three lanes and three lanes, and the victim who was crossing without permission is shocked and considered in the circumstances.

The defendant made efforts to reach an agreement, such as deposit of KRW 10 million for the victim, support the family while attending the security company, and the workplace pay is clear such as moving the defendant's seat.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below is unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 46 (2) 2, 8 (main sentence) of the Guarantee of Automobile Accident Compensation Act, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, and Article 38(1)2 of the Criminal Act, which increases concurrent crimes;

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