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(영문) 수원지방법원 2013.06.13 2013노1697
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The punishment of the court below against the defendant (the treasury eight months) is too unreasonable.

Judgment

The defendant should be punished strictly in that the victim's negligence suffered severe punishment of 10 weeks of punishment by the defendant, but the defendant has no record of punishment, and the defendant has agreed with the victim in the trial of the court of the court of the court of the court of the court of the court of the first instance, the defendant is in depth and is not able to stay in Korea after being sentenced to a suspended execution or more punishment to support his family as the largest person, and all of the sentencing conditions shown in the records and arguments of the case, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., are inappropriate.

Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part 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. 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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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