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(영문) 서울북부지방법원 2014.08.13 2014노629
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for four 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 (4 months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The instant crime committed by the Defendant, by negligence in violation of a vehicle signal while driving a car, was caused by an injury requiring medical treatment for about 12 weeks to the victim by shocking the victim who was on the left-hand turn according to normal signal. The act and damage are not provided to the victim. The Defendant’s records of punishment for the same kind of crime are disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the Defendant reached an agreement with the victim at the time of the trial; and (c) the Defendant’s age, character and conduct, environment, motive or circumstance of the instant crime, means and consequence; and (d) other circumstances constituting the conditions for sentencing, the sentence sentenced by the lower court seems to be unreasonable.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances examined in the grounds for reversal);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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