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(영문) 수원지방법원 2019.01.09 2018노6557
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The gist of the grounds for appeal asserts that the defendant is too unreasonable because of the fact that the sentence of the court below (six months of imprisonment) is too unreasonable, and the prosecutor asserts that the sentence of the court below is too unhued and unreasonable.

2. In light of the content of each of the instant crimes, the Defendant is disadvantageous to the Defendant, such as the fact that the nature of the crime is not less light in light of the content of each of the instant crimes, and that the Defendant had been punished several times due to the traffic-related crimes

On the other hand, the fact that the defendant recognizes his mistake and is against himself, and the fact that the victim does not want the punishment by mutual consent with the victim in the trial is favorable to the defendant.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, and circumstances before and after committing a crime, the lower court’s punishment is deemed unreasonable.

Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(3) Article 369 of the Criminal Procedure Act provides that “When an appeal by a defendant is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately.” (Dao-written judgment) Criminal facts and summary of evidence recognized by the court is the same as that of the judgment of the court below, the summary of facts

Application of Statutes

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act, 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, Article 151 of the Road Traffic Act, Articles 151 (1) and 31 (1) of the Criminal Act, Articles 10 and 8 of the Special Act on the Prevention of Insurance Fraud, concerning criminal facts;

1. Trade name;

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