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(영문) 창원지방법원 2017.01.19 2016노2991
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

Reasons

1. The sentence imposed by the court below on the defendant (eight months without prison labor) is too unreasonable, due to the summary of the grounds for appeal.

2. In the instant accident, the victim suffered injuries during the full number of 12 weeks of care, and was able to express the victim's intent only by 5 minutes of s/he face s/her face, and the victim's life expectancy is expected to be 5 years, which is a normal 67 years of age and 25% of women of 67 years of age, and the need for opening and future medical treatment expenses are expected to be considerably required during the remaining life period, and as such, the victim's injury is very serious, but it is disadvantageous to the defendant that the victim did not reach an agreement with the victim.

On the other hand, it is also recognized that the circumstances favorable to the defendant are favorable to the defendant, such as the fact that the defendant confessions the facts of the crime and reflects the fact, that the insurance money from the liability insurance to the sum of KRW 120 million has been paid to the victim, that the defendant deposited the amount of criminal agreement for the victim, that the defendant deposited the amount of KRW 5 million from the original trial to the original trial, that the defendant deposited the amount of KRW 20 million from the original trial, and that there has

Considering such circumstances and other circumstances as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime in this case and the arguments, the sentence of the court below is considered to be unfair because it is too unreasonable.

3. As such, the defendant'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 the defendant's appeal 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 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 the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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