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(영문) 광주지방법원 2013.03.13 2013노109
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant is too unreasonable.

2. The judgment of the court below is unreasonable in full view of the following circumstances: although the accident of this case resulted in the death of the victim due to the accident of this case, it is recognized that the court below's punishment is somewhat inappropriate, taking into account the following circumstances: although the defendant was found to have caused a serious result of the death of the victim, he/she is found to have led to the confession of the facts constituting the crime at the time of the trial and reflects his/her mistake through the confinement life for about two months; the defendant has no criminal record other than sentenced to a fine due to occupational injury or injury on the part of the defendant around 1975; the defendant has been covered by the comprehensive motor vehicle insurance; the defendant has reached an agreement with his/her bereaved family members at the time of the trial; the defendant's age

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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