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(영문) 대구지방법원 2014.12.30 2014노2290

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence (six months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. According to the records of ex officio destruction, the Defendant, at the Daegu District Court on October 15, 2014, was sentenced to a suspended sentence of one year for a violation of the Military Service Act, for three months, and the said judgment became final and conclusive on October 23, 2014.

Since the crime of this case is related to the crime subject to the above final judgment and the crime subject to the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act. Since the application of the statutes of the lower judgment was omitted, the reason for ex

The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by the court below is as stated in the corresponding column of the judgment below, except for adding "the defendant was sentenced to one year of suspension of execution for three months in imprisonment with labor for a violation of the Military Service Act at the Daegu District Court on October 15, 2014, and such judgment became final and conclusive October 23, 2014" to the first head of the crime of the judgment below, and thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of imprisonment without

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. of Social Service Order is large by causing a traffic accident where a taxi takes the front of the taxi while driving the taxi at a speed of about 70 km per hour while driving the taxi at a speed of 70 km.