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(영문) 광주지방법원 2014.07.31 2014노1290
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. We examine ex officio prior to the defendant's appeal for ex officio, 1) the violation of the Guarantee of Automobile Accident Compensation Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act, and the violation of the Road Traffic Act, in light of the purpose of legislation, protected legal interests, and applicable areas. Thus, in accordance with Article 38 (1) 2 of the Criminal Act, the concurrent crimes should be more severe. Nevertheless, the court below committed an unlawful act which dealt with the violation of the Guarantee of Automobile Accident Compensation Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act, and the violation of the Road Traffic Act, which affected the judgment. In this regard, the judgment of the court below is no longer possible. 2) The court below did not apply Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 (3) 2 of the Act, Article 8 (1) 2 of the Act, the proviso of Article 8 (2) of the Act, and Article 8 (2) of the Act.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

b) the summary of the evidence and evidence.

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