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(영문) 수원지방법원 2015.04.10 2014노4029
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of the lower court (two years of suspended execution in August and one hundred and twenty hours of community service and forty hours of lecture) against the accused against the summary of the grounds for appeal is too unreasonable;

2. However, in that the accused violated the signal, resulting in a traffic accident, and resulting in the injury to two victims, the nature of the crime is not less complicated.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant offenses; (b) agreed with the victims; (c) the Defendant did not have any particular criminal record other than fines; and (d) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant offense; and (b) the sentence imposed by the lower court is somewhat unreasonable; and thus, (c) the allegation of unfair sentencing is reasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

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 cited 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 facts constituting an offense;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

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