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(영문) 수원지방법원 2020.01.17 2019노6559
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) of the lower court is too unreasonable.

2. In full view of the arguments in this case and the reasons for sentencing indicated in the record, such as the following facts: (a) the Defendant’s mistake is against the Defendant’s living in custody for a period exceeding two months; (b) the victim does not want to be punished by the Defendant by mutual consent with the victim during the trial period; and (c) the Defendant does not have the criminal history of having been punished in excess of the same kind of crime or fine; and (d) the Defendant appears to be unreasonable on the ground that the

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service or attend lectures;

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