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(영문) 광주지방법원 2013.11.27 2013노2162
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of fine) is too unreasonable.

2. The judgment below held that while driving a car not covered by mandatory insurance, the defendant neglected the duty of care to make a right-hand while driving at the right-hand edge of the road, and attempted to make a right-hand on the seven-lanes of the eight-lanes of the road, thereby causing bodily injury to two victims, and damaged the said car to be repaired by 94,460 won. The crime of the crime of this case is not weak, and the defendant was found to have been punished for a fine of KRW 500,000 as a violation of the Automobile Accident Compensation Guarantee Act on July 10, 2009. However, it is recognized that the defendant had a criminal record, despite the fact that the defendant committed a crime, there was a violation of his mistake while making a confession of the crime, the degree of injury to the victims, the degree of injury to the victims, and all other conditions such as the defendant's age, character, and behavior before and after the sentencing, the defendant's assertion that the judgment below is unjustifiable and reasonable.

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 is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column, not only adding ‘1.D' to the summary of the evidence of the court below, but also as shown in each corresponding column. Therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46(2) of the Guarantee of Automobile Accident Compensation Act concerning criminal facts.

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