Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is too unreasonable to impose a fine of three million won imposed by the court below on the defendant.
2. Determination is recognized as the following: (a) the Defendant recognized the instant crime and reflects the victim’s damage caused by the instant traffic accident; (b) the degree of damage caused by the instant traffic accident is relatively minor; and (c) Defendant’s driver’s vehicle is covered by a comprehensive insurance policy, and it appears that the victim’s damage can be compensated for a considerable amount of damage caused by the insurance proceeds; (d) there is no record of criminal punishment except once
However, the instant traffic accident was caused by the Defendant’s negligence in violation of the signal, the Defendant’s negligence was serious, the victim did not reach an agreement with the victim to be subject to the prosecution, and the victim complained for the strict punishment of the Defendant at the lower court. Nevertheless, considering the above circumstances favorable to the Defendant, the lower court, taking into account the following circumstances in light of the fact that the Defendant was sentenced to a fine of KRW 2 million or reduced compared to the summary order, and other various circumstances, including the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.