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(영문) 서울중앙지방법원 2017.04.27 2017노445
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

The judgment of the court below on the ground that the defendant (misunderstanding of facts and improper sentencing) caused injury to driving a risk of misunderstanding the fact is erroneous for the following reasons.

Defendant

When the left-hand turn of the driver’s vehicle was almost finished, the other taxi might have caused the accident intentionally by the other taxi, taking into account the shocking circumstances in which the other taxi is bound by speed of 72 km or less per hour at a speed of 60 km or less per hour and the rear part of the Defendant’s driving vehicle was shocked.

Therefore, there is no relation between the defendant's violation of signal and the accident of this case.

The defendant lost the spirit of a motor vehicle due to the shock of the accident of this case, and the horse at the time of detection is classified as a little vision, and it is written in the report on detection of the driver at the time of detection, and the defendant was not in a situation that makes it difficult to drive the motor vehicle normally at the time.

The special sentencing factors of “if the victim has been negligent in the occurrence of a traffic accident or the expansion of damage,” which are not considered by the original judgment of the court below, are considered as follows: ② the defendant's wife was driven by the vehicle nearest to the contact with his wife; ③ the defendant's sentence is sentenced to imprisonment, ③ Article 46 subparag. 13 of the Immigration Control Act (Persons subject to compulsory eviction) and Article 46 subparag. 13 of the Immigration Control Act (Article 46 subparag. 13 of the Immigration Control Act) ① The head of a Regional Immigration Service may compel the foreigner falling under any of the following subparagraphs to leave the Republic of Korea in accordance with the procedures prescribed in this Chapter:

13. The sentence of the lower court (six months of imprisonment) is too unreasonable when considering the fact that a person who was sentenced to imprisonment without prison labor or heavier punishment could be forced to move overseas, and ④ the Defendant agreed with the victims, and each injury is minor.

The prosecutor (unfair sentencing) is under the suspension of the execution of imprisonment with prison labor for narcotics crimes in 2015.

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