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(영문) 서울남부지방법원 2014.02.07 2013노2009
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of 1.5 million won) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant made confessions of and reflects on the offense when the Defendant was in the trial; (b) the victim’s degree of damage or the amount of damage is not significant; (c) the Defendant’s vehicle appears to be able to recover from damage due to the Defendant’s purchase of liability insurance; and (d) the Defendant’s vehicle has no record of criminal conduct in the same manner; and (e) other circumstances, such as the background, means and methods of the instant crime; (b) the circumstances after the instant crime; and (c) the Defendant’s age-oriented environment, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is with merit.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the 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. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

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