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(영문) 대구지방법원 2016.09.08 2015노4882
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 6 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment without prison labor, two years of suspended execution, and forty hours of an order to attend a compliance driving lecture) is too unreasonable;

2. The victims of the instant accident that occurred due to the violation of the Defendant’s signal shall have suffered serious injury;

However, the defendant is against the facts charged and the victim E is against the judgment of the court below, and the victim C does not want the punishment of the defendant by mutual consent with the victim C, and the taxi operated by the defendant is insured by the mutual aid association.

And the defendant has no criminal history of the same kind of crime.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, background leading to the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment is unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against E with a more severe penalty);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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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