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(영문) 서울중앙지방법원 2014.09.30 2014노2698
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unfair because the punishment of imprisonment without prison labor for six months, one year of suspended execution, and 40 hours of community service declared by the court below is too unreasonable.

2. In full view of all the sentencing conditions shown in the records and arguments, including the fact that the judgment insurance was subscribed for, agreed with, having no record of punishment, having no record of punishment, and having been sentenced to imprisonment without prison labor or heavier punishment, it is determined that the sentence imposed by the court below is somewhat unreasonable even if the circumstances unfavorable to the defendant, such as the injury suffered by the victim, are taken into account.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are 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 facts constituting an offense, 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 According to the Selection of Punishment, and Article 268

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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