(영문) 전주지방법원 2015.10.16 2015노995 | 리걸엔진

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Reasons

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자간(%)

(영문) 전주지방법원 2015.10.16 2015노995

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The main point of the grounds for appeal is that of the lower court’s punishment (six months’ imprisonment without prison labor) is too unreasonable.

2. The crime of this case committed by the Defendant was committed by the victim D and F on the part of the Defendant, who was on the part of the Defendant while driving the vehicle, and suffered from the injury of 3 weeks in advance and 6 weeks in advance, respectively, while driving the vehicle, and there is a need to strictly punish the Defendant on the part of the nature of the crime.

However, in light of the fact that the defendant made confessions of the crime of this case and reflects against the defendant when he was in the trial, that the defendant agreed with the victims when he was in the trial, that the defendant was not subject to criminal punishment after being sentenced to a fine of KRW 700,000 as a result of a violation of the Act on the Fostering and Quality of Agricultural and Fishery Products Processing Industry in 1999, and that there is no other history of sentencing as shown in the argument of this case, such as the defendant's age, character, conduct and family environment, the sentence imposed by the court below is

Therefore, the defendant's argument is justified.

3. If so, the defendant'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 ruled again after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

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