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(영문) 대전지방법원 2016.01.28 2015노3741
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant is too unreasonable.

Judgment

The sentencing guidelines are not applicable to the commercial concurrent relationship between the defendant's confession of the crime of this case and his mistake is divided, the agreement was submitted by mutual agreement with the victim G and the victim E, deposit one million won for the victim E, the vehicle of the defendant's driver is covered by the comprehensive vehicle insurance, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents within the range of recommended sentencing according to the sentencing guidelines established by the Supreme Court's sentencing guidelines, but the sentencing guidelines are not applicable to the commercial concurrent relationship. However, since the one-day sentencing becomes a reference factor for the sentencing, the sentencing guidelines for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against the Victims G with heavy sentencing are indicated.

In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the traffic crime group, the crime of general traffic accident group, the person subject to special sentencing (influence of punishment), the person subject to special sentencing (influence of mitigation), the decision on the recommended area (influence of imprisonment without prison labor between January and June), the scope of sentence of recommendation (influence of punishment), the possibility of suspended execution (major positive factors): the defendant's age, sexual behavior, environment, motive, means and consequence, etc., the defendant's age, sexual behavior, environment, motive, means and consequence, and the circumstances before and after the crime, the court below's punishment against the defendant is too unreasonable

Therefore, 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 therefore reasonable, and the judgment below is ruled as follows.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in 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. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Crime; Article 268 of the Criminal Act;

1. Trade name;

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