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(영문) 부산지방법원 2017.08.22 2017노2005
도로교통법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

Reasons

The sentence of the court below (hereinafter referred to as 3,00,000 won) against the defendant on the summary of the grounds for appeal is too unreasonable.

Judgment

The crime of this case committed by the defendant was committed by negligence that the defendant was unable to accurately operate the brake while driving a taxi and caused a total of KRW 184 million loss due to a fire. In light of the contents of the crime, the criminal liability is grave, and the defendant did not agree with the victims, and the circumstances unfavorable to the defendant are recognized.

However, the defendant made a confession of the crime in this case and reflects the defendant's mistake in depth while making a confession of the crime in this case, the defendant paid compensation for the amount of 50 million won as the taxi operated by the defendant was admitted to the taxi mutual aid association, the defendant also is under medical treatment by suffering a considerable injury due to the traffic accident in this case, and is currently in an economically difficult situation, and other circumstances, which are conditions for sentencing specified in the argument in this case, such as the defendant's age, sexual behavior, environment, etc., are considered to be too unreasonable.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

In conclusion, the summary of the facts constituting an offense and the evidence recognized by this court is cited in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “1. Defendant’s oral statement” to the column for the evidence, as stated in each corresponding column of the lower judgment.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who violates the Road Traffic Act concerning victims E with the largest penalty);

1. Selection of a fine for negligence;

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