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(영문) 의정부지방법원 2013.07.05 2013노371
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) by the lower court is too unreasonable.

2. The sentencing materials against the Defendant are the following: (a) the victim suffered serious injury that requires at least 20 weeks’ medical treatment due to his/her in-mathrosis, disability, blood transfusion, etc.; (b) the victim appears to have continued rehabilitation treatment due to his/her in-mathr disorder; and (c) the degree of the Defendant’s breach of the duty of care in this

However, in full view of the following circumstances: (a) the Defendant is the primary offender with no criminal power; (b) the instant Maritime Vehicle is covered by a comprehensive motor vehicle insurance; and (c) the agreement between the Defendant and the victim was reached after the pronouncement of the judgment by the lower court; and (d) the Defendant’s age, character and conduct, environment, background leading to the instant case; and (e) circumstances leading to the instant case; and (b) the sentencing conditions specified in the pleadings after the instant crime was committed; and (c) the sentence imposed by the lower

3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column 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. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The sentence shall be determined as per the Disposition, taking into account the circumstances examined in the grounds for reversal of the sentence under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the defendant among the grounds for reversal of the sentence).

It is so decided as per Disposition for the above reasons.

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