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(영문) 울산지방법원 2013.04.05 2012노762
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment (six months without prison labor) imposed by the court below on the defendant is too unreasonable.

2. Although the crime of this case was committed under unfavorable circumstances, such as that the defendant shocked the victim with a crosswalk without signal apparatus, causing injury to the victim, and the degree of negligence of the defendant is heavy, and the defendant committed the crime of this case even though he had been punished several times due to the violation of the Road Traffic Act, etc., he again committed the crime of this case. However, since the vehicle of the defendant driving is affiliated with the taxi mutual aid association, medical expenses for the victim are being paid. The defendant agreed with the victim after the judgment of the court below was rendered, the defendant reflects his mistake in depth, and comprehensively takes into account all kinds of sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the defendant's argument is justified.

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 with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited 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 and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;

1. Reasons for the suspended sentence of Article 62(1) of the Criminal Code / [Determination of a sentence] Reasons for the sentencing of a crime of traffic, general traffic accidents, and injury from traffic accidents (special person) - mitigated elements: In the event of severe injury (special person): In the event of severe injury, the mitigated element - In the event of serious injury, the comprehensive motor vehicle insurance shall be subscribed and advanced.

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