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(영문) 광주지방법원 2018.09.19 2018노2236
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the degree of injury suffered by the victim E is very serious due to the instant crime, the degree of physical damage suffered by the victims is considerable, and the victim G and the manager of the 2nd circular road failed to recover the damage properly, strict punishment against the Defendant is required.

However, in light of the fact that the defendant was living in prison for about two months, and that the defendant paid an amount of money to the victim E and agreed with the above victim when the defendant was in prison, there was no criminal record exceeding the same criminal record or fine, balance with the sentencing of the defendant, the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, etc., the sentence of the court below is too unreasonable. Thus, the above argument by the defendant is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with 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 summary of the evidence recognized by the court is identical to the facts stated in the 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) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 151 of the Road Traffic 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;

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