logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.04.07 2019노1092
교통사고처리특례법위반(치상)등
Text

All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (in the case of the first judgment: Imprisonment with prison labor for 6 months and the second judgment: imprisonment with prison labor for 4 months and one year of suspended execution) of the lower judgment is too unreasonable;

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The first and second original judgments were sentenced to the defendant, and the defendant filed an appeal respectively, and this court decided to jointly examine the above two appeals cases.

The crime of each judgment of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the above judgment of the court below cannot be maintained as it is, since it is the concurrent crimes under Article 38 (1

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act, as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 3 (1), 3 (2) (proviso)6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, Article 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act (in the case of transfer of access media, selection of imprisonment with prison labor)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act recognizes each of the crimes of this case, and the court has served in this case the victim of the crime caused by occupational negligence of this case does not want the punishment of the defendant, and the means of access transferred by the defendant has been used.

arrow