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(영문) 전주지방법원 2020.05.28 2020노96
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The main point of the grounds for appeal is that of the lower court’s punishment (under eight months) is too unreasonable.

2. Ex officio decision-making, the prosecutor in the charge of this case against the defendant in the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the case, "the country of the trial and the defendant suffered from serious injury, such as sexual intercourses with the victim's sexual intercourses, which had no open address for not less than six months." "In the end, the defendant and the above occupational negligence caused the victim's sexual intercourses by the above occupational negligence at the pre-North Korean University Hospital located 20, Jinjin-gu, Seoul Special Metropolitan City on April 9, 2020." The name of the crime was "Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents", and the applicable provisions of the law were "Article 3 (1) and Article 2 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act."

3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by this court and the summary of the evidence are as follows: "In conclusion, the defendant and the defendant caused the victim by negligence in the course of performing the above duties to suffer serious injury, such as blood transfusion, etc. from a external wound, which does not have any two open situations where treatment is required for at least six months" in the judgment of the court below. "In conclusion, the defendant and the defendant caused the victim by negligence on April 9, 2020, which caused the victim's injury to the previous North Korean University Hospital located in the 20th North Korean University Hospital, Seojin-gu, Seoul Special Metropolitan City on April 9, 2020.

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