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(영문) 부산지방법원 2013.08.16 2013노1242
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

However, 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 six months of imprisonment without prison labor and forty hours of the order to attend a law-abiding driving lecture) is too uncomfortable and unfair;

2. It is recognized that the defendant has no record of performing the same kind of crime, and that the defendant has recognized the crime of this case and is in profoundly against the defendant.

However, the instant crime is driving a vehicle under the name of another person.

In light of the shape of the crime and the degree of injury of the victim, the case is not less and less against the victim in light of the shape of the crime and the degree of injury of the victim, and the amount of damage did not have been deposited with the victim, and other circumstances that form the condition for sentencing, such as the defendant's age, environment, family relationship, occupation, etc., the sentence of the court below against the defendant is somewhat somewhat somewhat minor.

I would like to say.

Therefore, prosecutor's assertion is justified.

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

Criminal facts

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

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;

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

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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