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(영문) 서울동부지방법원 2019.09.27 2019노499
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) of the lower court (e.g., one year of suspended execution in June and 40 hours of attending a compliance driving course) is too unreasonable.

2. Although there are the negligence of the defendant and the injury of the victim, considering the following factors: (a) the defendant is the primary offender; (b) the fact that the defendant is covered by the motor vehicle comprehensive insurance; (c) the victim's side and the victim's father have agreed smoothly with the victim; and (d) the victim's father submitted a written application for the correction of the defendant's wife as the victim's health was recovered in the trial court; and (b) the court below's punishment imposed by the court below is unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is 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 for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of the circumstances described in Article 334(2) of the Criminal Procedure Act.

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