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(영문) 인천지방법원 2013.10.11 2013노2189
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and two years of suspended execution) is too unreasonable.

2. The judgment of the defendant is very heavy in the occurrence of the accident of this case, such as the occurrence of the accident of this case, such as the occurrence of the victim's death, and the result is very serious.

However, in full view of the following circumstances: (a) the Defendant led to the confession of the offense and the victim’s bereaved family members, the bereaved family members want to leave the Defendant’s wife; (b) there is no criminal power against the Defendant; and (c) other circumstances that are conditions for the pleadings and the sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the Defendant’s argument is reasonable because the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 4 (1) of the Road Traffic Act (the point of driving sound, the selection of fines);

1. Of concurrent crimes, an aggravated punishment shall be provided for in the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (the aggravated punishment shall be provided for in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever is heavier, within the scope of the aggregated

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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