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(영문) 부산지방법원 2019.07.25 2019노1670
교통사고처리특례법위반(치사)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

1. Summary of grounds for appeal;

A. The determination of the punishment (one year of imprisonment without prison labor) by the Defendant is unreasonable.

(b) Determination of an amount of punishment imposed on an applicant for inspection (unfair punishment) is unreasonable.

2. The sentence imposed by the lower court is within the scope of the applicable sentencing range and the recommended sentencing guidelines set out in the attached sentencing guidelines (from April to one year in the safe).

However, the circumstances agreed with the bereaved family members were not reflected in the appellate court.

If the sentencing factor and other factors of sentencing set forth in the sentencing guidelines for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents are reviewed, the amount of the original sentence is considered to be inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

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 in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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