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(영문) 인천지방법원 2018.10.10 2018노2108
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended execution in June, 40 hours of attending education, and 80 hours of community service order) is too unreasonable.

2. In full view of all the circumstances, including the fact that the Defendant, by negligence, neglected the front hour while driving the vehicle, caused the injury to the victims of the crosswalk, which caused significant injury to the victim F, or the fact that the Defendant recognized the crime of this case and took an attitude against him, the Defendant was involved in the accident that occurred in the crosswalk without signal, etc., the Defendant’s vehicle was covered by the comprehensive insurance, the Defendant’s vehicle was covered by the comprehensive insurance, the agreement between the victim F and the Defendant was reached, and the fact that there was no record of criminal punishment, the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

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, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with heavier penalty);

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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