(영문) 수원지방법원 2018.12.12 2018노6492 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2018.12.12 2018노6492

교통사고처리특례법위반(치상)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is too unreasonable due to the defendant's punishment (eight months of imprisonment) of the court below, and the prosecutor asserts that it is too unfied and unfair.

2. Circumstances that are disadvantageous to the defendant, including the suspension of the execution of imprisonment with prison labor for judgment, are disadvantageous to the defendant; on the other hand, it appears that the defendant reflects the defendant's crime, the victim's injury was not severe; and there is clear social relation; and the fact that the defendant does not want the punishment of the defendant by mutual consent with the victims after the sentence of the judgment of the court below.

Considering the above circumstances and other various sentencing conditions indicated in the records, such as the family relation, occupation, age, sex, environment, motive and background of the crime, means and consequence of the crime, the punishment of the court below is deemed unfair due to the absence of circumstances and the circumstances before and after the crime.

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

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed separately). [Judgment which is used again] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the corresponding column of the judgment of the court below, and thus, it is cited as it

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 under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the traffic of roads;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Punishment

참조조문

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