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(영문) 대구지방법원 2018.08.17 2018노2101
교통사고처리특례법위반(치상)등
Text

1. The remainder of the judgment below, excluding the rejection of an application for compensation order, shall be reversed.

2. The defendant shall be punished by imprisonment.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. It is recognized that the judgment defendant has a total of five times of punishment, including the fact that he/she was sentenced to a suspended sentence of imprisonment due to the same driving and injury without the same license, and that the defendant did not agree with the victims of the other traffic accidents except H.

However, it is also recognized that the defendant recognizes his mistake and reflects all of his mistake, that the victim H and the victim of the traffic accident agreed with L of the victim of the traffic accident, that the vehicle is disposed of, and that the prevention of the recidivism is being committed, and that the family and the son of the defendant want the defendant's preference.

In addition, considering the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments after the crime, the sentence imposed by the court below is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, and the remaining part of the judgment below excluding the rejection of an application for compensation order among the court below's decision pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents: Offenses of violation of the Traffic Safety Act (unlicensed Operation) by option of imprisonment without prison labor, and crimes of injury: Imprisonment without prison labor; and

1. Aggravation concurrent crimes;

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