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(영문) 의정부지방법원 2017.08.14 2017노939
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (6 months of imprisonment without prison labor and 2 years of suspended sentence) is too unreasonable.

2. The Defendant, by negligence, inflicts an injury on the victims who driven a motor vehicle in violation of the signal, and the degree of injury on the victim I is heavy.

However, in light of the following: (a) the Defendant has no record of criminal punishment; (b) the Defendant agreed with the victim G and the lower court reached an agreement with the victim I; (c) the circumstance of the accident; (d) the degree of injury to the victims; (e) the circumstances after the crime; and (e) the Defendant’s age and sexual conduct; and (e) various conditions of sentencing indicated in the record, such as the background of the accident; and (e) the circumstances after

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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