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(영문) 대전지방법원 2020.05.20 2020노913
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the fact that the court below's reasoning stated that the defendant, who had been punished for the violation of the Road Traffic Act due to the drunk driving as stated in the sentencing reasons, was driving in the same state of drinking and caused the traffic accident, and the three victims did not reach an agreement with all victims even though all victims did not have reached an agreement.

However, the Defendant appears to have lived in good faith without committing any specific criminal acts except for the punishment of fines twice due to the crime of the above violation of the Road Traffic Act. The facts of the crime of this case are all committed, and the facts of this case are committed in depth through the prison life remaining 2 months, it seems that the restoration of damage would not be impeded due to the purchase of comprehensive insurance, the victim E and the victim were not punished by the Defendant, and the social relation is relatively clear, as well as other sentencing conditions specified in the records and arguments, such as age, occupation, occupation, personality and conduct, family relationship, motive, background, means and method of the crime, and circumstances after the crime, etc., are considered, the sentence of the court below is unreasonable.

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 an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Each relevant Article of the Act concerning criminal facts;

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