(영문) 전주지방법원 2014.11.28 2014노1030 | 리걸엔진

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(영문) 전주지방법원 2014.11.28 2014노1030

교통사고처리특례법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the lower court (two years of suspended execution in August, and two years of suspended execution) against the accused in the summary of the grounds for appeal is too unreasonable.

2. The traffic accident of this case in light of the following circumstances: (a) the Defendant was at fault while making a left-hand turn at the center line; (b) the Defendant was at fault of the Defendant; (c) the victim died and the victim was at fault; (d) the Defendant recognized the Defendant’s crime and was in violation of depth; (c) the investigative agency agreed to pay a certain amount of insurance money to the victim’s bereaved family members; (d) the Defendant was covered by a comprehensive insurance; and (e) the Defendant was a first offender who has no record of punishment; and (e) there is a concern that the Defendant would be deprived of the qualification as a caregiver if he was sentenced to suspended execution; and (e) other various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the lower court’s sentence is somewhat somewhat unreasonable

3. In conclusion, the judgment 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 following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown 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. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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;

참조조문

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