logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.10.16 2015노157
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the punishment (six months of imprisonment without prison labor and two years of suspended execution) declared by the court below is too unreasonable.

2. The crime of this case is serious in light of the circumstances leading up to the accident, degree of damage, etc. that the Defendant, while driving the instant case by neglecting his duty of care on the front right right right right right right right right right right right right right, caused the victim to suffer bodily injury requiring eight weeks medical treatment.

However, in consideration of all the sentencing conditions shown in the argument of the instant case, including the confession of the Defendant and reflect on the instant crime, the Defendant agreed in the first instance court (the first instance court deposit of KRW 4 million, the additional payment of KRW 3 million in the first instance court), the Defendant’s vehicle is affiliated with the National Private Taxi Mutual Aid Association, the Defendant appears to have immediately taken relief measures immediately after the traffic accident, and other sentencing conditions indicated in the argument of the instant case, such as the Defendant’s occupation, age, character and conduct, family environment, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

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

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning Settlement of Traffic Accidents According to Relevant Acts concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Fine);

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

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

arrow