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(영문) 전주지방법원 2013.12.20 2013노1188
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The sentence of the lower court (the fine of KRW 500,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The instant crime in determining the grounds for appeal is acknowledged that the Defendant received the victim who dried a crosswalk while driving a car and suffered injury in need of approximately three weeks of medical treatment, and that the Defendant was grossly negligent.

However, in full view of the following factors: (a) the Defendant recognized the instant crime, and there is no history of punishment heavier than that of a punishment or fine for the same crime; (b) the victim’s injury is relatively minor; and (c) the Defendant’s vehicle is covered by a comprehensive insurance policy; (d) the Defendant’s age, character and conduct, environment, the background and consequence of the Defendant’s occurrence of the instant crime; and (e) other factors of sentencing as indicated in the record, such as the background, means and consequence of the instant crime; and (e) the situation before and after the instant crime, the lower court’s punishment is too too unreasonable; and therefore, (e) the Defendant’s allegation of unfair sentencing is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court 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) and Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of fines concerning criminal facts;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (Consideration favorable circumstances in front);

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