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(영문) 수원지방법원 2020.09.11 2020노3379
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. In light of the arguments of this case and the reasons for sentencing indicated in the records, such as the defendant's age, character, environment, and social relationship, the court below's punishment seems to be unfair, since the defendant's punishment is unreasonable, since the defendant's punishment is deemed to be unreasonable, since the defendant's allegation of unfair sentencing is reasonable, since the defendant's punishment is not reasonable, since the vehicle operated by the defendant was covered by comprehensive insurance at the time of the accident, the defendant did not want the defendant's punishment by agreement with the victim, the defendant sold the vehicle of this case, etc., and the defendant did not repeat the crime by selling the vehicle of this case.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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