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(영문) 서울서부지방법원 2014.10.23 2014노673
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unreasonable.

2. Although it is true that the degree of injury suffered by the victim is very significant, the defendant is the first offender, the confession and reflects the crime, the victim's fluorous provision of his own fash, and the defendant does not want to be punished, the defendant also suffered serious injury due to the accident in this case, such as the cut off the finger, and other various sentencing conditions such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime are considered, the punishment imposed by the court below against the defendant is too unreasonable.

3. If so, the defendant's appeal is reasonable. 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 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. Article 3 (1) and Article 3 (2) (proviso)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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