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(영문) 부산지방법원 2016.11.10 2016노1757
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The defendant does not pay the above fine.

Reasons

1. The punishment of a fine of eight million won imposed by the original court on the summary of the grounds for appeal is too unreasonable.

2. The judgment is clear that the degree of traffic offense or the degree of damage falls under the heavy part of the victim, such as the defendant's 14 prudent injury caused to the victim by shocking the error driven by the victim who was driven by the signal in violation of the signal at the opposite lane. However, it is found that the punishment of the court below is too heavy if considering the circumstances such as the defendant's age, character, environment, health condition, circumstances of the crime and circumstances after the crime, etc., such as the defendant's 14 million won payment to the victim and the victim do not want the punishment by mutual agreement with the victim, the vehicle driving of the defendant is subscribed to the comprehensive motor vehicle insurance, the vehicle is being driven by the defendant, and there is no other criminal power except twice due to the violation of the Labor Standards Act and the crime of violation of the Road Traffic Act.

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following decision is rendered after pleading

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding part 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 facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in 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;

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