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(영문) 인천지방법원 2015.12.02 2015노3628
도로교통법위반(사고후미조치)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of the various sentencing conditions shown in the records and arguments of this case, and the fact that the defendant did not have any criminal record of imprisonment without prison labor or any heavier punishment, and that the victims and the defendant agreed smoothly, the sentence of the court below is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime; Articles 148, 54 (1), and 151 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 46 (8) of the Guarantee of Automobile Accident Compensation Act;

1. Selection of imprisonment, respectively, for a crime of violating the Road Traffic Act, with prison labor and the remaining crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);

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