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(영문) 광주지방법원 2015.06.10 2015노933
도로교통법위반(사고후미조치)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below has five criminal records of traffic crimes, and the two criminal records of the violation of the Road Traffic Act (non-licensed driving), which are the same kind of the crime of this case, are disadvantageous circumstances; however, the defendant's mistake and reflects against himself; and the defendant has reached an agreement with the victims at the time of the trial. In full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, the court below's punishment is too unreasonable. Thus, the defendant's assertion is justified.

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.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant provisions of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and Article 151 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment prescribed for the crime of violation of the Road Traffic Act due to the destruction or damage of property by negligence, and the punishment on the crime of violation of the Road Traffic Act due to the destruction or damage of grave residential stairs);

1. Selection of imprisonment without prison labor for a crime of violation of the Road Traffic Act and a crime of violation of the Road Traffic Act due to a failure to take a measure after a selective accident occurs, and a crime of violation of the Road Traffic Act due to a negligence or a damage to property;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances as examined in the above);

1. Social service order under Article 62-2 of the Criminal Act;

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