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(영문) 수원지방법원 2020.07.24 2020노2458
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, such as age, occupation, environment, and social relation of the defendant, including the fact that the defendant had no record of punishment for the same kind of crime, the victims do not want criminal punishment by mutual consent with the victims, and the defendant reflects the defendant's wrong by living in custody over two months, etc., the court below's punishment without penalty seems to be unfair. As such, the defendant's assertion of unfair sentencing is reasonable.

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

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3 (1), 3 (2) (proviso) 6 and 8 of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 3, and Article 44 (1) of the Road Traffic Act (the point of sound driving) of the Act on Special Cases concerning the Handling of Traffic Accidents concerning Criminal Facts, and Articles 3 (1), 38 (1) 2, and 50 of the Criminal Act among the selective concurrent crimes subject to the imposition of a fine for the selective punishment of Article 40 and 50 of the same Act;

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

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

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