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(영문) 인천지방법원 2016.04.20 2016노529

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. The judgment of the court below is unfair in light of the following: (a) the defendant shows the attitude that the defendant divided and reflected his mistake; (b) the defendant agreed with the victim F's bereaved family members at the investigation stage; (c) the defendant agreed with E's bereaved family members; (d) the defendant agreed with E's bereaved family members; (e) the defendant purchased a comprehensive motor vehicle insurance policy; and (e) the defendant did not have the same criminal record.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is again ruled after pleading as follows.

[Re-written judgment] The facts constituting an offense and the summary of evidence acknowledged by this court and the summary of evidence are as follows. Except for the case where “F” as “O” under Article 2 of the judgment below’s sentence 2, it is identical to each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62(1) of the Criminal Act on the suspension of execution (the overall circumstances in the above judgment);

1. An order to attend a course under Article 62-2 of the Criminal Act;