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(영문) 대전지방법원 2015.08.27 2015노126
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

The summary of the grounds for appeal (e.g., punishment (e., imprisonment without prison labor) of the court below against the defendant is too unreasonable.

Judgment

In the instant accident, the victim G suffered a serious injury that requires approximately 14 weeks of medical treatment.

However, when it comes to the trial, the defendant submitted a written agreement by mutual consent with the victim G, the defendant reflects the crime of this case, the vehicle of the defendant's driver is covered by comprehensive automobile insurance, the defendant has not been sentenced to a penalty exceeding the fine of the defendant, and the violation of each Act on Special Cases concerning the Settlement of Traffic Accidents, to which the sentencing guidelines are applied according to the sentencing guidelines established by the Supreme Court's Sentencing Committee, is not applicable to the ordinary competition relation, but the sentencing guidelines are not applicable to the ordinary competition relation.

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 G with a more serious criminal situation are indicated.

In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the traffic crime group, the first type of general traffic accident (the injury caused by a traffic accident), the special person sentenced to punishment, the decision on the recommended area (the area of mitigation), the scope of the recommended sentence (1 to 6 months in the safe), the suspension of execution (major positive factors): the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances before and after the crime, etc., the defendant's assertion of unfair sentencing is justified, since the defendant's punishment against the defendant is too unreasonable.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries 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. Criminal facts;

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