(영문) 서울남부지방법원 2016.05.13 2015노923

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(영문) 서울남부지방법원 2016.05.13 2015노923

교통사고처리특례법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The defendant does not pay the above fine.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is unfair, because it is excessively unreasonable.

2. According to the records, it is recognized that ① the Defendant, while driving a bicycle under the influence of alcohol, caused the instant accident, and the Defendant, from the investigative agency to the original trial, did not recognize his mistake while denying the instant crime.

② However, considering the following circumstances: (a) the Defendant is aged 78 years of age and has no same record of age; (b) the Defendant was recognized as committing the instant crime for the past time in the trial; (c) the Defendant paid KRW 3 million to the victim according to the conciliation established in the civil case related to the instant accident in the trial; and (d) the victim expressed his intent not to be punished; and (c) other circumstances that are conditions for sentencing, such as the background, means, results, and the circumstances after the instant crime, the sentence of the lower court is deemed unfair.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is reversed, and it is so decided as follows.

[Judgment of the court below] The summary of criminal facts and evidence against the defendant is identical to that of each corresponding column of the court below's judgment. Thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Articles 70 and 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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유사 판례

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