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(영문) 서울동부지방법원 2015.04.17 2014노1825
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won) is too unreasonable.

2. In light of the fact that the crime of this case was committed by the defendant who is engaged in the duty of driving a taxi and committed gross negligence in violation of signal violation, but even if the defendant did not see the right and the right, the suspension line is not passed at a rapid speed, the victim is a person who has been engaged in ordinary hurriing, and the actual degree of damage caused by the accident of this case seems to be minor, the vehicle operated by the defendant is subscribed to the Financial Cooperative, and the treatment expenses and agreement are paid to the victim, and the defendant was paid for the vehicle, and the charge of this case was recognized at the trial of the court below, the victim did not want the punishment against the defendant at the investigation stage and the court below, and there was no criminal conviction against the defendant, and there is no traffic offense and no accident, the sentence of the court below is unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act (including circumstances, etc. described above) of the suspended sentence;

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