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(영문) 광주지방법원 2015.07.23 2015노1396
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. At the time of the instant crime, the Defendant’s blood alcohol concentration is not 0.101%, and the instant traffic accident occurred due to gross negligence, such as the Defendant’s drinking driving, etc., and the victim suffered injury requiring medical treatment for about two weeks, and the Defendant has been punished several times for the same kind of crime, etc., which are disadvantageous circumstances.

However, if there is a minor injury [the range of recommendations] mitigation area [the range of one month or more] reduction area of ordinary traffic accident [the range of one month or more] reduction area of the first category of ordinary traffic accident [the person under special mitigation] [the person under special mitigation] reduction area of the first category of ordinary traffic accident [one month or more] reduction area of the first category of ordinary traffic accident [the person under special mitigation] reduction area of punishment [the person under special mitigation] [the person under special mitigation] case where illegality is serious in the proviso of Article 3 (2) of the School Traffic Special Act / [the person under violation of the Road Traffic Act / [the person under sentencing] of the school traffic accident of this case / The person under special exception / the person under sentence 1] of the Road Traffic Special Act / The defendant's recommendation for the violation of the Road Traffic Act / The defendant's recommendation for the violation of the Road Traffic Act / The defendant's recommendation for the violation of the Road Traffic Act / The defendant's recommendation for the violation of the Road Traffic Act / The defendant's recommendation without the minimum limit of one month.

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 is ruled again after pleading.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

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