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(영문) 부산지방법원 2016.11.24 2016노2228
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

Reasons

1. The sentence (two years of suspended execution of August, community service order, 120 hours of community service order, and 40 hours of attending order) declared by the original court in the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is clear that the degree of traffic offense or the degree of damage belongs to the heavy part of traffic offense such as the defendant's shocking the victim who dried the crosswalk on the pedestrian signal while driving a motor vehicle in violation of the signal, etc., but it is not clear that the degree of traffic offense or the degree of damage belongs to the heavy part of the traffic offense, but considering the circumstances such as the fact that the motor vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, that the defendant does not want the punishment of the defendant by mutual consent with the victim in the trial, that the defendant does not want the punishment of the defendant, and that there is no criminal power against the defendant, the punishment sentenced by the court below is too heavy.

3. In conclusion, 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 decision is rendered after pleading

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment below, and thus, they are quoted 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 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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