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(영문) 대구지방법원 2021.02.09 2020노1388
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below (4 months of imprisonment without prison labor and 1 year of suspended execution) on the summary of the grounds for appeal is too unreasonable.

2. While the Defendant was at the left turn at the yellow Sim, the Defendant was shocking the victim who was going against Kwikset and sent a signal, and caused the victim to suffer injury requiring approximately 14 weeks of medical treatment.

The degree of fault of the defendant is not less severe, and the degree of injury of the victim is very serious.

However, the fault of the victim involved in the occurrence of the accident of this case is very serious.

The Defendant, who had no record of criminal punishment, was compensated for damage and agreed with the victim.

Even in the case of a party, the victim shall submit a written application stating that he/she will take the front of the defendant.

In addition, comprehensively taking account of the defendant's age, sexual conduct, and circumstances after the crime, etc. and the various reasons for sentencing indicated in the argument and the record of the case, the sentence of the court below is deemed to be too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Grounds for a new judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

1. Articles 70(1) and 69(2) of the Criminal Act concerning the custody of a workhouse, Article 334(1) of the Criminal Procedure Act concerning the order of provisional payment;

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