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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
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 (2 million won in penalty) is too unreasonable.
2. The instant traffic accident, which is determined by the Defendant’s negligence, caused the injury by shocking the damaged person of the crosswalk at the time of the end of the pedestrian signal signal by the Defendant’s negligence in violation of the signal, and is not against the Defendant’s negligence.
However, there is no record that the defendant has been punished for the same crime.
The instant vehicle is covered by a comprehensive insurance, and the degree of injury suffered by the victim is minor due to the instant accident.
In addition, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, the punishment sentenced by the court below is too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in 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 3(1) and the proviso to Article 3(2) and Article 3(2)6 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;