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(영문) 수원지방법원 2016.06.03 2016노194
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 main point of the grounds for appeal is that the sentence of the lower court (two years of suspended execution in August of the imprisonment without prison labor) is too unhued and unreasonable.

2. The judgment that the defendant recognized the crime of this case, and the fault of the victim who hangs the first line on the second line, even though the center is installed, is not small.

The defendant appears to have been punished twice prior to the crime of this case, and the fact that there is no specific criminal record other than that of punishment by fine is a condition for sentencing favorable to the defendant.

However, young victims who were in breach of the Defendant’s duty of care were killed, and the result is very significant, however, the Defendant was making efforts to recover damage to the bereaved family members or to reach an agreement until the party is in trial.

In full view of the fact that the victim’s bereaved family members do not seem to have seen, and the fact that the victim’s bereaved family members want to punish the defendant strictly, and other circumstances that are conditions for the sentencing of the case, such as the defendant’s age, sex, environment, family relationship, and circumstances after the crime, the court below’s sentence imposed on the defendant is somewhat uncomfortable and unfair, and thus, the prosecutor’s above ground for the above

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment 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) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. The community service order under Article 62-2 of the Criminal Act;

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