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(영문) 서울북부지방법원 2016.09.09 2016노393

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by the imprisonment without prison labor for four months.

(2) the date of this judgment.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. However, there is a change in circumstances in which the defendant paid a criminal penalty of eight million won to the victim when the defendant was in an appellate trial, and the defendant made an original agreement.

In addition, the lower court’s punishment against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and changes; and (b) comparing the sentencing grounds for the

Therefore, the defendant's argument of sentencing is reasonable.

3. If so, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Standards for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Persons who are in the basic area (from April to one year) of the type of traffic accident (the special mitigation (aggravating) within the scope of recommended punishment: Cases where the illegality in Article 3 (2) (excluding subparagraph 8) (proviso) of the Act on Special Cases concerning the Education is serious;

2. Main reasons for a stay of execution: Illegal elements - Where illegality in the proviso to Article 3(2) of the Act on Special Cases concerning the Union is serious, positive factors - positive factors - general factors not requiring punishment - positive factors - no more criminal records than a stay of execution;

3. The circumstances in which the defendant in the decision of sentencing has reached an appellate trial and agreed smoothly with the victim shall be taken into account.