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(영문) 수원지방법원 2013.11.20 2013노3778
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the following circumstances: (a) the Defendant’s act of this case’s crime of this case’s allegation of unfair sentencing, which led to the victim’s injury requiring 16 weeks’ medical treatment; (b) the Defendant recognized the Defendant’s crime of this case; and (c) the Defendant agreed with the victim and agreed with the victim that the victim was the Defendant’s wife; and (d) the Defendant’s age, character and behavior, criminal records, family environment, the background, means and method of the instant crime, and the circumstances before and after the instant crime, etc., the lower court’s punishment (the Defendant’s age, character and behavior, criminal records, family environment, the circumstances before and after the instant crime, etc., and all of the sentencing conditions indicated in the instant records and arguments,

2. In conclusion, the judgment of the court below is reversed in accordance with 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 evidence admitted by the court are the same as the corresponding columns of the judgment of the court 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) and Article 3 (1) 1 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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