(영문) 수원지방법원 2018.12.19 2018노5223 | 리걸엔진

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(영문) 수원지방법원 2018.12.19 2018노5223

교통사고처리특례법위반(치상)

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. The sentence of the lower court (two years of suspended execution in August) is too unreasonable, which is the gist of the grounds for appeal (two years of suspended execution in credit cooperative).

2. The instant crime committed by the Defendant is an unfavorable circumstance to the Defendant, such as: (a) the Defendant’s negligence was not insignificant; and (b) the degree of the victim’s injury was excessive; (c) the Defendant’s injury was excessive, as it was charged by shocking the victim who dried the crosswalk in violation of the duty of care in front of the front line while driving the vehicle.

However, in full view of the following factors: (a) the Defendant divided his/her own crime into his/her own crime and reflects his/her depth; (b) the first offender; (c) the victim did not want the punishment of the Defendant; (d) the social relationship is clear; and (e) the Defendant’s age, sex, environment, motive and circumstance of the crime; and (e) other various sentencing conditions specified in the present argument, such as the circumstances after the crime, are recognized as unfair because the Defendant’s punishment is too unreasonable. Therefore, the Defendant’s assertion is

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted 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(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

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

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

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