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(영문) 대구지방법원 2013.12.05 2013노2311
교통사고처리특례법위반
Text

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 decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. The instant traffic accident is highly negligent because the Defendant breached his duty to protect pedestrians at a crosswalk.

The victim suffered serious injury, such as dynassis and dynassis, etc., which require approximately five weeks of treatment.

However, the defendant has no record of being sentenced to criminal punishment in addition to being punished once by a fine for an injury in 2007.

The defendant's mistake has been remarkably divided.

Defendant

Vehicles are subscribed to the Financial Cooperative and the victim expressed his/her intention that he/she does not want to punish the defendant from the investigative agency.

When the defendant lives while making it difficult for him to drive a taxi after divorce and takes into account all of the sentencing conditions in the records and arguments of this case, such as the age, character, conduct and environment of the defendant, the punishment sentenced by the court below is somewhat inappropriate.

3. In conclusion, the judgment 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 following judgment is rendered again after pleading.

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. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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