(영문) 광주지방법원 2018.06.20 2018노1018 | 리걸엔진

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(영문) 광주지방법원 2018.06.20 2018노1018

도로교통법위반(사고후미조치)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the crime of this case is not good, and that the defendant again committed the crime of this case even though he had a previous record of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, strict punishment against the defendant is needed.

However, considering the defendant's wrongness, the victim I did not want the defendant's punishment but agreed with K actually operating the damaged vehicle owned by G when the defendant was in the first instance, and the defendant's age, sex and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the court below's punishment is too unreasonable. Thus, the defendant's above assertion is justified.

3. In conclusion, 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 with merit, and the judgment below is ruled again as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by the court are as follows, with the exception that the court below changed the first instance court's statement "1. Defendant's trial statement" into "the first instance court statement", and therefore, it is identical to each corresponding column of the court below's judgment, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016) regarding criminal facts

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

1. Selection of an alternative fine for punishment;

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

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