(영문) 대전지방법원 2021.03.17 2020노3735 | 리걸엔진

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(영문) 대전지방법원 2021.03.17 2020노3735

교통사고처리특례법위반(치상)등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the original judgments (one year and four months, and three years, respectively) is too unreasonable.

2. Prior to the judgment of the court below as to the defendant's unfair judgment on the judgment of ex officio, the judgment of the court below against the defendant was sentenced separately, and each appeal was filed, and this court decided to hold concurrent hearings of each of the above appeal cases. Since each of the offenses of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced pursuant to Article 38 (1) of the Criminal Act, and therefore, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and it is again decided as follows.

【Re-written judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the original judgment, thereby citing them as they are 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, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment of imprisonment without prison labor for a violation of Articles 40 and 50 of the Criminal Act concerning concurrent crimes, and punishment for a violation of the provisions of Articles 40 and 50 [the crimes of violating the Traffic Act on September 3, 2020 and between the crimes of violating the Traffic Act (non-licenseed driving) and the traffic Act on roads, and punishment for a violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, which has a heavier punishment], and the punishment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

참조조문

유사 판례

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