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(영문) 의정부지방법원 2017.11.20 2017노2845
교통사고처리특례법위반(치사)등
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (in August) is too unreasonable.

2. The defendant's negligence and the result are very significant.

However, in light of the fact that the defendant has no criminal punishment, and there is no criminal error, and the victim's bereaved family members do not want the punishment of the defendant by mutual agreement with the victim's bereaved family members who died at the time when the vehicle is covered by a comprehensive insurance, and when considering the circumstances of the crime, circumstances after the crime, age of the defendant, and family relationship, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each 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. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and de facto physician), Article 3 (1) and the proviso to Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the occupation of an occupational and de facto physician);

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;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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