beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months and the suspension of execution for two years) of the lower court is too unreasonable.
2. The Defendant’s negligence caused the result that the victim’s death could not be complied with.
However, the defendant is against the charge, and the defendant is the first offender.
The defendant does not want the punishment of the defendant by mutual consent with the bereaved family members of the victim.
The accident of this case occurred immediately after the victim started with a crosswalk signal from a green flickering light, etc., and was replaced by a red light, etc., and the defendant did not commit a violation of the signal, and there was a negligence of the victim in the occurrence of the case and the expansion of damage.
In addition, in full view of various circumstances, including the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s punishment is unreasonable.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited 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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;