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(영문) 광주지방법원 2013.12.18 2013노2148
교통사고처리특례법위반등
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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unhued and unfair.

2. The judgment of the court below is justified since the defendant's punishment imposed by the court below is somewhat inappropriate in light of the defendant's age, character and conduct, and circumstances before and after the crime, etc., and all of the sentencing conditions, such as the defendant's age, character and conduct, are considered to be inappropriate in light of the following: (a) the defendant's primary crime is the defendant; (b) the defendant is the second offender; and (c) the defendant does not focus on the victim's injury as two main offenders; and (d) the defendant agreed with the investigative agency, but he is recognized as having reached an agreement with the victim.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided as follows.

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), proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and 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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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