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(영문) 부산지방법원 2014.05.02 2013노4083
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable for eight months of imprisonment without prison labor declared by the defendant.

2. The judgment of the court below is unreasonable in light of all the circumstances, including the defendant's age, environment, occupation, family relationship, and circumstances before and after the crime of this case, although it is deemed that the crime of this case is very serious to the extent of damage suffered by the victim, the defendant's mistake is against himself, the vehicle of the defendant's driving is covered by a comprehensive motor vehicle insurance, the defendant has reached an agreement with the victim at the time of the trial, the defendant has no record of criminal punishment except for juvenile protective disposition due to theft and inhale of hallucinogenic substances, etc., circumstances to consider the circumstances to consider the crime of this case.

Therefore, the defendant's argument is justified.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows. The summary of the evidence is as follows: “1. On-the-spot report of traffic accident (the actual condition report)” shall be deemed as “1. On-the-spot report of traffic accident” and “1. On-site report of accident” shall be added, except for addition of “1. On-the-spot report of accident” as “the-spot report of traffic accident” as “

Application of Statutes

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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