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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (4 months of imprisonment without prison labor, 2 years of suspended execution, and 40 hours of order to attend a compliance driving) is too unreasonable.
2. Determination of the crime of this case is an unfavorable circumstance to the Defendant, in light of the degree of negligence and degree of damage, etc., that the Defendant caused a traffic accident by negligence in driving a vehicle in violation of the signal, resulting in injury to the victim.
On the other hand, if comprehensive consideration of the circumstances favorable to the defendant, such as the fact that the defendant reflects the crime, the fact that there is no history of punishment against the defendant, and the fact that the injured person does not want the punishment of the defendant by agreement with the victim, and other factors of sentencing as shown in the records, such as the defendant's age, occupation, sex, sex, environment, family relationship, motive for the crime and circumstances after the crime, the court below's punishment is recognized as unfair because it
Therefore, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of 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. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is to be determined as ordered in consideration of the various circumstances, etc. examined in the judgment under Article 334(2) of the Criminal Procedure Act.