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(영문) 창원지방법원 2020.04.09 2020노101
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

, however, for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.

2. The judgment of the Defendant committed the instant crime even though the Defendant was sentenced to a fine on two occasions (2015, 2017, 2017, 2017) due to drinking driving, and the Defendant committed the instant crime, causing a traffic accident with the central line, resulting in the injury to three victims. The fact that the blood alcohol concentration at the time of the instant crime was relatively more than 0.154% and the blood alcohol concentration at 0.154% is relatively heavy is disadvantageous to the Defendant.

However, all of the crimes of this case are recognized by the Defendant, and there is no investigation or criminal records other than the crimes of drinking driving two times above, and the Defendant agreed with G after the sentence of the lower judgment, and agreed with G. The fact that G wanted to have the Defendant’s preference, and that the Defendant would have sent half time after having been released as bail on January 3, 2020.

Examining the aforementioned circumstances and other conditions of sentencing, such as the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and records of the crime, etc., the sentence of the court below is deemed to be too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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