(영문) 수원지방법원 2013.05.01 2013노386 | 리걸엔진

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(영문) 수원지방법원 2013.05.01 2013노386

교통사고처리특례법위반등

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The judgment of the court below is reversed.

The defendant shall be punished by imprisonment for four months.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five months of imprisonment, two years of suspended execution, 80 hours of community service, and 40 hours of compliance driving curriculum) is too uneased and unreasonable;

2. The circumstances favorable to the defendant include the following: (a) the defendant recognized the instant crime and reflects the mistake; (b) the degree of damage to victims is minor; and (c) the vehicle driven by the defendant is covered by a comprehensive insurance policy.

However, in 2003, the Defendant was sentenced to a fine for drinking (0.090%) in 2005, and was sentenced to a suspended sentence of imprisonment for drinking (0.124%) in 2005, and was sentenced to a fine for drinking (0.081%) and without a license for driving in 2005, and was sentenced to a fine in 201 for the same kind of crime, such as being sentenced to a suspended sentence of imprisonment for drinking (0.130%) and was sentenced to a fine in 2011, and the Defendant had the record of criminal punishment several times for the same crime. Although the Defendant was subjected to a suspended sentence as above, the Defendant committed the instant crime that causes a traffic accident while driving a large driver without a license, the Defendant’s age, character, family environment, and the motive, background, means, results, results, and the circumstances before and after the instant crime, the lower court’s assertion that the prosecutor’s assertion is unreasonable and reasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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), the proviso of Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the Road Traffic Act.

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