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(영문) 수원지방법원 2019.08.30 2019노3216
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. According to the judgment, the defendant driving without a license even though he had the record of punishment for the same kind of crime, the defendant committed a traffic accident while driving without a license, and the defendant made a false statement as if he driven a traffic accident at the scene of the traffic accident, which is likely to punish him, and I had I attend an investigative agency and make a false statement as if he caused the traffic accident, and thereby hindering the criminal justice of the State by causing I to interfere with the criminal justice of the State. During the insurance company's handling of the affairs such as the payment of insurance money, etc. due to the traffic accident, the defendant, not I, was suspected of causing the traffic accident of this case, and was asked to investigate the investigation agency to investigate the accident of this case. The defendant summoned and investigated the defendant at the investigative agency according to the above request for investigation. After denying each of the crimes of this case, the defendant became aware that there was a recording between the police officer dispatched to the scene of the traffic accident of this case and the defendant and his employees, the defendant who led to confession of each of the crimes of this case can only be exempted.

However, in full view of the arguments in this case and the reasons for sentencing indicated in the records, such as the fact that the defendant agreed with the victim of the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) at the time of the trial, and that the defendant has no record of punishment exceeding the fine for the same kind of crime, the lower court’s punishment seems unreasonable

3. The judgment 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 after pleading.

another judgment.

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