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(영문) 서울중앙지방법원 2015.02.12 2014노4530
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. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment without prison labor for six months, two years of suspended execution, and one hundred and sixty hours of community service imposed by the court below is too unreasonable.

2. In full view of all the sentencing conditions shown in the records and arguments, including the fact that the injury was agreed with the victim G with heavy injury, the background of the accident, the fact that there was no history of punishment, and the fact that there was no history of punishment, the sentence imposed by the court below is deemed unfair.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

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) 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;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence [decision of a sentence] the category 1 (Determination of the recommended area for traffic accidents) of traffic crime [Determination of the recommended area] the mitigated area [The scope of the recommended sentence] [the scope of imprisonment without prison labor for one month to six months];

2. Six months without prison labor for the decision of sentence (including the fact that the injury of the victim is not minor, and the content of negligence, etc.);

3. Whether the suspension of execution is [major grounds for consideration] Members who are not subject to punishment or who have no record of criminal punishment [Recommendation of Sentencing] / Decision of suspension of execution (decision of suspension of execution of sentence in consideration of circumstances favorable to the above

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