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(영문) 대구지방법원 2017.11.02 2017노2698
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. However, there is a large degree of criticism in that the Defendant caused a traffic accident while driving a motor vehicle under the speed, and many victims suffered bodily injury, and the repair cost of 9.9 million won or more due to the damage of the damaged motor vehicle, and thus, the victims did not receive any instruction from the victims and did not deal with the insurance.

However, in full view of the following circumstances: (a) the degree of injury suffered by the victims due to the instant traffic accident; (b) there is no record of punishment against the Defendant; and (c) the decision to advise the victims to seek settlement of the amount of KRW 13 million in a civil suit filed by the victims against the Defendant was finalized; and (d) the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too 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 with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column 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, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 (Punishments stipulated in the Act on Special Cases concerning the Settlement of Traffic Accidents, between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents, between violations of the Road Traffic Act, and between violations of the Road Traffic Act, and punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against C with the largest penalty);

1. Selection of an alternative fine for punishment;

1. Attraction of a workhouse;

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