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(영문) 인천지방법원 2016.02.17 2015노4784
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

The defendant asserts that the court below's punishment is too unreasonable as the grounds for appeal of this case are too large.

In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant has no criminal records of the same kind and imprisonment without prison labor or any heavier punishment, the court below's punishment is too unreasonable.

Therefore, since the defendant's appeal is well-grounded, 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 evidence and the facts charged by the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column 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. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (In determining the grounds for appeal, this ground, etc.);

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