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(영문) 서울남부지방법원 2013.12.27 2013노1479
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (including six months of imprisonment without prison labor, one year of suspended execution, and one hundred and twenty hours of community service) that the court below made is too unreasonable.

2. Although a person engaged in the taxi driving service who has violated traffic regulations is more thoroughly and cannot be deemed to be less vulnerable to the negligence of the defendant who violated traffic regulations, the negligence of the victim who has driven his own car or the road without permission after the opposite lane also contributed to the occurrence of traffic accidents, and the damage to the victim seems to have been expanded due to the ozone which has been illegally parked, the damage of the victim can be recovered due to the purchase of the taxi, the fact that the defendant has no record of punishment for the same criminal act, and is in depth against the defendant, and other circumstances, such as the background, means and method of the crime of this case, the situation after the crime, the age and happiness environment of the defendant, etc., as well as the conditions of sentencing under Article 51 of the Criminal Act as shown in the records and arguments, are inappropriate.

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

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. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

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