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(영문) 춘천지방법원 2013.10.02 2013노540
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. In light of the contents of the crime of this case, the crime of this case was committed during the suspension period due to the crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act. However, the crime of this case was committed during the suspension period due to the crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act. However, the defendant has no record of criminal punishment exceeding the fine, if excluded from the above suspension judgment, and it is difficult to view that there is a relatively serious injury to victims due to the crime of this case. The defendant is divided into his mistake during the prison period of about 3 months. Above all, the defendant was in the trial and reached an agreement with the victims. Above all, the defendant was in the first instance court, and the defendant must support four children; the defendant was sentenced to imprisonment with prison labor and invalidated the previous suspended sentence (one year of suspended sentence for 6 months) is too harsh compared to the degree of the crime of this case; considering the defendant's age, character and conduct, environment, motive, means and result of the crime, the defendant's assertion of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 subparagraph 1 of the relevant Act on Criminal facts, Article 43 of the Road Traffic Act, Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning Handling of Traffic Accidents, and Article 3 (7 of the same Act on Special Cases concerning Handling of Traffic Accidents;

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