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(영문) 대전지방법원 2014.01.22 2013노1808
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. In light of all the circumstances, such as the fact that the defendant is against the law, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and the victim's bereaved family members agreed with the victim, the punishment imposed by the court below (including six months of imprisonment without prison labor, one year of suspended execution, one year of community service order, and 80 hours of community service order) is too unreasonable.

2. The instant crime committed by the Defendant, while driving B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

However, the traffic accident of this case is due to the shock of the victim who illegally crosses the four-lane road in the new wall time, and the circumstances leading to the accident are considered. The defendant's vehicle is covered by the comprehensive motor vehicle insurance, the defendant's bereaved family members do not want the punishment of the defendant, the defendant's fault and reflects that the victim's death was caused by his fault. The defendant does not have any previous criminal record except the punishment of a fine for drinking driving in 2001 before and after the crime of this case. In full view of all other circumstances, the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime of this case, etc., the court below's punishment is too unreasonable. Thus, the defendant's above assertion is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable.

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