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(영문) 청주지방법원 2016.06.09 2016노143
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of six months, the suspension of execution of two years, and the community service 40 hours) is too unreasonable.

2. In a case where a single act constitutes multiple crimes and thus constitutes an ordinary concurrent crime committed under Article 40 of the Criminal Act for the purpose of signing the above investigation, where a single act constitutes multiple crimes.

In this regard, the part concerning the exercise of signature of the court below in the crime No. 2 of the judgment below as to the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the indictment of the defendant and the protocol of the interrogation of the suspect are used en bloc, and

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1), the proviso to Article 3(2)1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 239(1) (a) and Article 239(2) and (1) of the Criminal Act, respectively, Article 152 subparag. 1 and 43 of the Road Traffic Act concerning criminal facts;

1. Article 40 and Article 50 of the Criminal Code of the Commercial Concurrent Crimes (the crimes of intent to sign each of the above investigations and the crimes of intent to sign each of the above investigations) concerning suspect interrogation records, which are more severe.

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