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(영문) 대전지방법원 2015.11.26 2015노3061
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court against the Defendant is too unreasonable.

2. The Defendant had the same criminal record but again led to the instant crime is disadvantageous to the Defendant.

However, when it comes to the trial, it is advantageous to the fact that the agreement is submitted by mutual agreement with the victim C, E, the defendant reflects his mistake, the vehicle operated by the defendant is subscribed to automobile liability insurance, and the degree of injury to the above victims caused by the crime of this case also seems not to be serious, etc., and the violation of each Act on Special Cases concerning the Settlement of Traffic Accidents, to which the sentencing guidelines are applied to the scope of recommended sentencing guidelines for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents under the sentencing guidelines enacted by the Sentencing Committee established by the Supreme Court, is not applicable to the ordinary concurrent relationship, but the sentencing guidelines are not applicable to the ordinary

Since it will be a lawsuit, the sentencing criteria for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavy circumstances shall be indicated.

In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the traffic crime group, type 1 (the injury of a traffic accident), the special person (in the event of minor injury), the decision of the recommended area (special mitigation area), the recommended sentence range (1 to 6 months in the safe), the recommendation of suspension of execution (in the event of minor injury, the decision not to punish the defendant), and other sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the situation before and after the crime, etc., the sentence of the court below against the defendant is considered to be somewhat inappropriate, and therefore the defendant's assertion is reasonable.

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.

【Reason for the Judgment of the Supreme Court】 Criminal facts and evidence.

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