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(영문) 의정부지방법원 2013.05.03 2013노402
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence (one year and six months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. In light of all the circumstances, including the defendant's age, character, environment, family, occupation, circumstance and details leading to the crime of this case, and circumstances after the crime, the sentence imposed by the court below against the defendant is somewhat unreasonable, and thus, the defendant's allegation is justified. The defendant's allegation is justified. The defendant's judgment is based on the above insurance contract, and the defendant's age, character, environment, family relation, family relation, circumstance leading to the crime of this case, and circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and 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) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration favorable to the reasons for reversal);

1. Social service order under Article 62-2 of the Criminal Act;

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