(영문) 부산지방법원 2014.05.30 2013노3979 | 리걸엔진

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(영문) 부산지방법원 2014.05.30 2013노3979

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

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

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal is too unreasonable for six months of imprisonment without prison labor declared by the court below to the defendant.

2. In full view of the following circumstances: (a) the Defendant committed the instant traffic accident by driving the sidewalk, which led to the occurrence of the instant traffic accident; (b) even though it is recognized that the Defendant committed the instant crime; (c) the Defendant’s vehicle is against the recognition of the instant crime; (d) the vehicle of the Defendant’s driver appears to have been covered by a comprehensive motor vehicle insurance, and thus, the medical expenses were paid out of the insurance money; (c) the victim was in the trial and agreed with the victim; (d) the victim was under a serious punishment against the Defendant; (e) the victim was a primary offender with no record of criminal punishment; and (e) the Defendant’s age, environment, occupation, family relationship, and other circumstances leading to the instant crime; and (e) the circumstances before and after the commission of the instant crime, etc.,

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and 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 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) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (Taking into account the preceding reasons for reversal);

참조조문

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