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(영문) 서울동부지방법원 2018.08.17 2018노707
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The grounds for appeal (unfair sentencing) are deemed to be too uneasy and unfair. The lower court’s punishment (five million won in penalty) is deemed to be too uneasy.

2. We examine the judgment: ① one time of the same suspended sentence, three times of fines, and three times of criminal punishment for the defendant; ② With respect to the defendant again committed a crime of violating the Road Traffic Act (unlicensed driving) in the remaining seven months after having been sentenced to a suspended sentence of imprisonment for the same kind of crime, a summary order of a fine of two million won is finalized around February 22, 2018; ③ the defendant has already been sentenced to a fine or a suspended sentence of imprisonment with prison labor has no special preventive effect on the same crime; ③ the defendant committed a crime of violating the Road Traffic Act (unlicensed driving) again again within nine days from the date on which the above summary order became final and conclusive, and the defendant committed a crime of violating the Road Traffic Act (unlicensed driving) by causing a traffic accident to inflict injury on two victims; ④ The defendant seems to have been sentenced to a fine again for the same kind of crime of the same kind of crime during the same suspended sentence without considering the circumstances such as the defendant’s attitude and the record, and thus, it seems that the defendant again committed the crime of this case without considering the same kind of punishment.

3. In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided after pleading.

【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court, and evidence related thereto.

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