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(영문) 광주지방법원 2016.08.23 2016노2025

교통사고처리특례법위반

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The judgment of the court below is reversed.

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

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months without prison labor) is too unreasonable.

2. The Defendant: (a) caused an accident while the Defendant committed an illegal internship with the median line; (b) caused the accident to a heavy degree; and (c) inflicted an injury on many victims.

However, in light of the fact that the Defendant did not have any history of criminal punishment for the same crime, that the victims want to take the front of the Defendant by mutual consent with all the victims, and that other sentencing conditions specified in the records of this case are equally considered, it is recognized that the sentence imposed by the lower court was too excessive and unfair.

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

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading, on the grounds that the appeal against the defendant's improper sentencing is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) of the 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 Competition;

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the accused);