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(영문) 인천지방법원 2013.05.31 2013노261
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (one year of suspended sentence for six months of imprisonment) is too unreasonable.

2. The judgment of the defendant led to the confession of the crime, the first offender, the damage recovery by the motor vehicle comprehensive insurance, the victim G who received the diagnosis of the 8th week prior to the admission of the vehicle involved in the crime, the victim G was hospitalized for 8 days in fact for 8 days and received medical treatment for 5 days, and the victims do not want the punishment of the defendant, the victims do not want the punishment of the defendant, and there may be some room for consideration in the circumstances of the accident in this case, and other various circumstances, including the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, and motive and circumstance of the crime, etc., which are the conditions for sentencing as shown in the argument and the records in this case, are considered to be unfair. Thus, the defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all 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) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) of the same Act concerning facts constituting an offense, and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against G with the largest penalty);

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Prior to the sentencing grounds of Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined prior to the sentencing grounds of the order of provisional payment in consideration of the various circumstances.

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