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(영문) 수원지방법원 2018.08.24 2017노5094
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

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

Reasons

1. The lower court’s sentence (one year and six months of imprisonment without prison labor, two years of suspended execution, protection observation, community service order 200 hours, 40 hours of compliance driving lectures) is deemed to be too uneasy and unreasonable.

2. Circumstances favorable to the defendant are as follows: (a) the defendant reflects the crime; (b) the defendant has no specific history of punishment except for those sentenced to a fine twice in the past; (c) the situation and circumstances at the time of the crime of the 2016 senior group as stated in the judgment below; and (d) the victim of the crime of the 2016 senior group 2572 case as stated in the judgment of the court below does not want the punishment of the defendant.

On the other hand, the Defendant committed each of the instant crimes by driving a vehicle on which the Defendant had subscribed to liability insurance, and the victim of the instant crime committed at 2016 Highest 2516 Highest 2016 Highest 2516 in the holding of the lower judgment, such as the injury of the victim, etc. due to the said crime, is very serious. Accordingly, the economic and mental suffering of the victim and his family appears to be considerable, and the Defendant did not agree with the above victim, and the said victim wanted to punish the Defendant’s severe punishment up to the trial of the party.

Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s health, age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, the lower court’s punishment is deemed to be unfair and unfair.

Therefore, the prosecutor's above assertion is justified.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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