logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.04.16 2012노2160
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the facts charged as to the violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents in this case, the court below found the defendant guilty of the facts charged in this case based on the witness F and G's erroneous statements, etc. of the victim or the victim's witness F and the victim's witness. Thus, the court below erred by misapprehending the rules of evidence or by misapprehending the facts and affecting the conclusion of the judgment.

B. In relation to the facts charged as to the instant injury and damage to property, the court below found the Defendant guilty of the instant charges based on the victim’s statement, etc., since the Defendant did not inflict an injury upon the victim E at the time of the injury or damage to the victim’s safety or mobile phone equipment, the court below erred by misapprehending the rules of evidence or by misapprehending the facts, which affected

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the following matters shall be examined ex officio:

A. According to the records, on September 20, 2012, the Defendant was sentenced to imprisonment with prison labor and six months for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) at the Seoul Western District Court on September 20, 2012, and the above judgment was finalized on December 13, 2012. As such, the crime of violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.), which became final and conclusive, and each of the crimes of this case in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, shall be sentenced to punishment for each of the crimes of this case in consideration of the case where each of the above crimes is adjudicated simultaneously and equity in accordance with Article 39(1) of the Criminal Act. Since it is apparent that the lower court has

B. In addition, according to the records, the prosecutor was in a trial, and "the defendant was sentenced to imprisonment with prison labor on September 20, 2012 with prison labor on September 20, 2012 due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Seoul Western District Court.

arrow