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(영문) 대전지방법원 2017.01.19 2016노1441
도로교통법위반(사고후미조치)
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. The Defendant, who caused a traffic accident, left the scene of the accident without taking any measures, and the nature of the crime is not easy.

However, in light of all the sentencing conditions, including the defendant's age, sex, environment, motive, means and consequence, etc., the sentence of the court below is too unreasonable and unfair, taking into account the following factors: (a) the defendant was committed in the first instance time; (b) there was no criminal history against the defendant; and (c) there is no criminal history against the victim; and (d) the victims are expected to have been recovered from most of the victims' damage with the insurance covered by the defendant.

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

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, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148 of the relevant Act and Articles 148 and 54 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

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

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