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(영문) 대구지방법원 2017.02.09 2016노3102
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for six months, the suspension of execution for two years, the community service order 120 hours, the order to attend a law enforcement lecture for 40 hours) is too unreasonable.

2. One time the victim was seriously injured due to a defendant's intrusion on the sidewalk, and the defendant was punished for a traffic accident in 191.

However, the defendant is against the facts charged and the vehicle driven by the defendant is covered by a comprehensive insurance, and the defendant has no record of punishment for traffic accidents since 1991.

In addition, the victim's agreement with the victim has been reached in the first instance, and he does not want the punishment of the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited 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) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (see, e.g., favorable circumstances as seen earlier);

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