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(영문) 울산지방법원 2014.05.23 2013노1122
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (the fine of KRW 10 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine both the judgment and the prosecutor’s allegation of unreasonable sentencing.

This case is a case where the defendant, while driving along a two-lane road from the apartment and the commercial building to the two-lane road, was faced with the injury of the victim of the pedestrian crossing at the age of 8 by shocking the victim of the pedestrian crossing with his care (six weeks before the mouth).

Considering the fact that the Defendant was sentenced to a suspended sentence due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, etc., the Defendant committed the instant crime at his own discretion and again committed the instant crime even though he was in the period of the suspended sentence, the victim was in need of protection, and the occurrence of the accident on the crosswalk, and the damage was not easy, the Defendant’s automobile was covered by a comprehensive insurance, but the Defendant’s parents did not want the Defendant’s punishment by mutual consent with the victim’s parents. In light of the circumstances such as the Defendant’s age, character and conduct, the background of the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows.

(No appeal by a prosecutor is well-grounded, but the decision of the court below is reversed, it shall not be dismissed separately from the disposition). The summary of the facts constituting an offense recognized by the court and the evidence thereof.

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