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(영문) 전주지방법원 2018.10.01 2018노996
교통사고처리특례법위반(치사)등
Text

The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court (one year’s imprisonment without prison labor) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. The instant traffic accident resulted in a harsh consequence of the death of two victims. However, the court below's punishment seems to be too unfair, considering all the circumstances, including the defendant's age, sexual behavior, environment, family relationship, circumstance after the crime, etc., as well as the fact that the defendant led to the confession of the instant crime and reflects his depth in the life of confinement, the defendant has no record of being punished for the same crime other than criminal punishment for the past 35 years, and the defendant's vehicle is covered by bus mutual aid associations and separate driver insurance, the defendant's family members are paid a separate criminal agreement to the victims who died at the investigation stage, and the victim's bereaved family members do not want the defendant's punishment.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and de facto doctor), Article 3(1), the proviso to Article 3(2)1 and 3 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 Competition;

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

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

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