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(영문) 서울중앙지방법원 2016.05.12 2015노4959
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, such as: (a) the Defendant inflicted a serious injury on the victim F, and (b) the other victims suffered a significant injury, due to an accident that caused the Defendant to commit a central line.

However, the defendant led to the confession of the crime of this case and is against the nature of the defendant, and he does not drive again.

In full view of the following circumstances: (a) the fact that the disease was caused by the disease of the blood relative from the sea; (b) after the pronouncement of the lower judgment; (c) the F agreed with the victim F after the pronouncement of the lower judgment; and (d) the F expressed that the Defendant was not subject to punishment for the Defendant; (c) the victims of the insurance covered by the Defendant paid medical expenses; and (d) the Defendant’s age, sex, environment, motive for the commission of the crime; and (e) other various circumstances that are conditions for the sentencing specified in the records and arguments, such as the circumstances after the commission of the crime.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without prison labor;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of favorable circumstances among the reasons for reversal as above);

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend the lecture shall be determined by comprehensively taking into account the various circumstances in the 2. above.

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