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(영문) 인천지방법원 2016.05.04 2016노820
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence (six months) imposed by the defendant is too unreasonable.

2. The judgment of the court below is too unreasonable in light of the following: the defendant shows the attitude that his mistake is divided and against himself; the victim does not want the punishment of the defendant by mutual agreement with the victim when it comes to the trial; the damaged vehicle is affiliated with the mutual aid association; the defendant does not have any means to punish the defendant; and the defendant does not have any means to punish the defendant; and other circumstances that are the conditions for the sentencing of this case as shown in the argument of this case, it is too unreasonable to maintain the sentence of the court below as is.

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 claiming unfair sentencing is therefore justified, and the judgment below is again ruled as follows after pleading.

[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 legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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