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(영문) 대전지방법원 2020.10.14 2020노2074
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The main point of the grounds for appeal is that of the lower court’s punishment (under eight months) is too unreasonable.

2. In light of the fact that the defendant violated the signal and caused the traffic accident in this case while making a left-hand turn as stated in the reason for the sentencing, and the victim's injury was very serious, the defendant seems to have lived in good faith without committing any particular criminal act except for punishment as a minor fine. In addition, the fact that the defendant committed the crime in this case and lives in good faith. In addition, the defendant's age, occupation, character and conduct, family relations, motive, means and method of the crime, and circumstances after the crime, etc. are considered to be too unreasonable, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, occupation, personality and conduct, family relations, the motive and method of the crime, and the circumstances after the crime.

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

【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts constituting a crime of the original judgment, and the summary of the evidence are identical to the facts constituting the corresponding column of the original judgment. Thus, they are quoted in accordance with Article

Application of Statutes

1. Article 3 (1) and the proviso of Article 3 (2) and (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, and Article 151 of the Road Traffic Act;

1. Selection of a punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes: Selection of imprisonment without prison labor;

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

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