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(영문) 수원지방법원 2015.09.18 2015노3020
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the punishment of the court below (the community service order of two years of suspended execution and one hundred and twenty hours in August) is too unreasonable.

2. One of the defendants is to cause a traffic accident due to driving close, and due to which the victim suffers a serious injury leading to the paralysis, and the nature of the crime is poor;

However, in full view of the various circumstances, including the fact that the defendant recognized the crime of this case as well as the fact that the defendant agreed smoothly with the victim, and the age, character and conduct, environment, family relationship, etc. of the defendant, the sentence imposed by the court below is somewhat unreasonable, and thus, the allegation of unfair sentencing by the defendant and his defense counsel is justified.

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) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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