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(영문) 대전지방법원 2015.05.07 2014노3014
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

The main points of the grounds for appeal (e.g., punishment) sentenced by the court below (e., six months) are too unreasonable.

Judgment

In the instant crime, the victim E suffered serious injury that needs to be treated for about 20 weeks due to the instant crime is disadvantageous.

However, at the time of the trial, the agreement of the victim E and C is submitted, the defendant is the primary offender, the vehicle of the defendant is covered by a comprehensive insurance, and each violation of the Act on Special Cases concerning the Settlement of Traffic Accidents between the scope of recommended sentencing according to the sentencing guidelines established by the Supreme Court's sentencing guidelines established by the Sentencing Committee is not applicable to the ordinary competition relationship, but the sentencing guidelines are not applicable to the ordinary competition relationship.

It is so indicated that it will be a lawsuit.

In full view of various sentencing conditions provided for in Article 51 of the Criminal Act, such as the traffic crime group, the first type of general traffic accident (the injury caused by a traffic accident), the special person (in the event of a serious injury), the decision of the recommended area (basic area), the recommended sentence range (in the event of a serious injury), the possibility of suspended execution (in April to October of the safe), and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the punishment imposed by the court below is considered to be unfair, and therefore, the defendant's assertion of unfair sentencing is reasonable.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence acknowledged by this court are identical to the corresponding column of the judgment of the court below, except for the fact that the "injury, such as blood transfusion, etc. from an outer propopon", which is the 8th day of the judgment of the court below, is changed to "a serious injury, such as blood transfusion, etc. from an outer propopon," and therefore, it is acceptable in accordance with Article

Application of Statutes

1. Article 3 (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;

1. Selection of penalty;

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