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(영문) 광주지방법원 2017.08.31 2016노4744
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The defendant does not pay the above fine.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years of suspended execution in the sixth month of imprisonment without prison labor, forty hours of lectures for compliance driving, and eight hours of social service) is too unreasonable.

2. Determination is an unfavorable circumstance to the Defendant that the victim suffered from an injury requiring long-term treatment.

However, the defendant's vehicle is covered by a comprehensive motor vehicle insurance, and the defendant has agreed to pay 20 million won to the victim, the defendant's error is recognized and reflects the defendant, and the victim's treatment is being recovered when the victim's treatment became more serious, and other circumstances specified in the arguments of this case, such as the defendant's age, sex, environment, degree of negligence, and circumstances after the crime, are equally considered, the court below's punishment is too unreasonable, and the defendant's argument is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns 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) 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;

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