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(영문) 의정부지방법원 2014.01.10 2013노2246
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

1. The sentence imposed by the lower court (one year) on the summary of the grounds for appeal is too unfased and unreasonable.

2. Although there was a significant result of the death of the victim due to the Defendant’s main crime of sentencing, the Defendant did not have the same criminal records exceeding the fine, all of his errors are recognized, the Defendant deposited money as consolation money to the bereaved family members of the victim. In particular, in consideration of the Defendant’s age, character and conduct, environment, family relationship, circumstances of the crime, means and result of the crime, and all of the sentencing factors indicated in the instant pleadings, such as the Defendant’s age, character and conduct, family relationship, circumstance of the crime, means and consequence after the crime, the circumstance after the crime was committed, the prosecutor’s grounds for appeal are without merit, and the sentence of the court below is deemed to be unfair because it is

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column 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) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. As examined in the grounds for reversal of sentence under Article 62(1) of the Criminal Act (i.e., favorable circumstances examined in the grounds for reversal of the above judgment)

It is so decided as per Disposition for the above reasons.

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