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(영문) 수원지방법원 2019.06.21 2019노1977
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

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

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) rendered by the lower court is too unreasonable.

2. In full view of the fact that the defendant was sentenced twice as sentenced to a fine, there is no particular criminal history that there is no particular criminal history that the defendant was sentenced to a fine, that the motor vehicle driven by the defendant is covered by comprehensive insurance, that the victim was not punished by agreement with the victim when the defendant was in the trial, that the defendant is in profoundly against the defendant's mistake through confinement life for more than two months, and that the defendant's age, family relationship, environment, etc. and the reasons for sentencing stated in the arguments and records of this case, the punishment imposed by the court below seems to be unreasonable, and therefore,

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

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.;

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