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(영문) 인천지방법원 2013.07.26 2013노1617
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence (one-year imprisonment without prison labor) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. The occurrence of the instant accident is highly likely to result in the Defendant’s fault and damage therefrom.

However, in the first instance court, the defendant led to the confession of the crime, the victim D, G and the victim H's bereaved family members, 20 million won against the victim H, and 1 million won against the victim F under the name of each criminal agreement, and then, in the court of the first instance, the defendant made a full agreement by paying 20 million won to I who is the victim H's bereaved family members, and the vehicle is covered by a comprehensive motor vehicle insurance, the vehicle is covered by a comprehensive motor vehicle insurance, the vehicle has no special criminal record except for a fine sentenced once due to a drunk driving, and other various circumstances, which are the conditions for the sentencing and the sentencing specified in the arguments and records of the case, such as the defendant's age, character and behavior, environment, family relationship, criminal records, circumstances after the crime, and motive and circumstances, etc., the defendant's assertion is justified, since it is recognized that the defendant's excessive punishment imposed by the court below is unreasonable.

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 the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against H of the largest penalty);

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration in favor of the defendant in the front);

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