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(영문) 창원지방법원 2018.05.03 2017노3564
교통사고처리특례법위반(치상)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of the grounds for appeal each of the sentencing (as to the judgment of the court below No. 1 and No. 2)

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The Defendant filed an appeal against the lower judgment, and this Court decided to jointly deliberate on the two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since the grounds for reversal ex officio exist, and the judgment of the court below is reversed in accordance with the above Article 364 (2).

[Grounds for the new judgment] The criminal facts and summary of evidence recognized by the court are identical to the corresponding column of each judgment below, and thus, they are cited 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, Article 268 of the Criminal Act, Article 152(1) and Article 43 of the Traffic Act, Article 148-2(1)1 and Article 44(1) of the Road Traffic Act, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, Article 151 of the Road Traffic Act, Article 314(1) (a) of the Criminal Act, Article 136(2) (a) of the Criminal Act, Article 268 of the same Act, Article 152 of the Traffic Act, Article 136(1) and 43 of the same Act (a) of the Traffic Act, Article 258-2(1)1 of the Road Traffic Act, Article 25(2)2 of the same Act, Article 46(2) and the main sentence of Article 8 of the same Act, and Article 28(2)7 of the Criminal Act, special injury to public duties;

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

1. Selection of each sentence of imprisonment or imprisonment without prison labor (excluding special injury);

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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