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(영문) 창원지방법원 2014.11.13 2014노1864
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 one year from the date this judgment becomes 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. The crime of this case committed by the Defendant, while driving a car, was negligent in neglecting his duty to stop on the front side and leading the bicycle on the crosswalk, resulting in the Defendant’s injury to the victim, such as a reduction in the front side of the left slot line, which requires approximately eight weeks of medical treatment, and the case is not somewhat weak, etc., that is disadvantageous to the Defendant.

On the other hand, on September 3, 2014, after the decision of the court below was rendered, the defendant led to the confession of the crime of this case and reflects his mistake by living under confinement for about one month. On the other, on September 3, 2014, after the decision of the court below, the defendant does not want the punishment of the defendant, the vehicle driven by the defendant is covered by a comprehensive automobile insurance, and the defendant is the first offender who has no criminal history at all.

In full view of the above circumstances, the character, conduct and environment of the defendant, the circumstances and results of the crime of this case, and all the circumstances that form the conditions for sentencing as shown in the records and pleadings, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed unfair, so the above argument by the defendant is with merit

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the judgment of the court below is the same as that of each corresponding column of the judgment of the court below, except where the defendant added "a statement made by this court" to the first head of the judgment of the court below. Thus, it is cited as it is in accordance with Article 3

Application of Statutes

1. Article 3(1) and the proviso of Article 3(2) and Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts, and the Criminal Act;

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