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(영문) 전주지방법원 2014.10.17 2014노791
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the lower court (the fine of KRW 15 million) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The fact that the traffic accident in this case resulted in the death of the victim is disadvantageous to the defendant. However, the traffic accident in this case was caused by contact with the drunk victim while the defendant was absent at a slow speed in the marina parking lot. Although the accident itself is relatively minor, it seems that the victim's body was not accumulated and caused the death of the victim. The defendant's negligence is difficult to see that the defendant's negligence is very serious. The defendant's bereaved family member's consent to use the bill in a serious manner, and it was difficult for the defendant to sell the vehicle in this case and make it difficult for the defendant to reach an agreement. The defendant was suffering from the crime that caused the death of the victim. The defendant's attitude and circumstances were caused by the victim's bereaved family member's death, who was sentenced to a fine once in this case, and there was no particular power to punish the defendant as well as the defendant's family relation, circumstances such as the above defendant's age, character and behavior, circumstances, and other circumstances. Thus, the judgment below's sentencing is unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

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