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(영문) 대전지방법원 2020.03.26 2019노3567
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment without prison labor) is too unreasonable.

2. Each of the crimes of this case in the short period of time, each of the crimes of this case was committed by the defendant, with the impulsed driving of the defendant, causing serious injury to the victim E, causing death by shocking the victim H, causing death, and the result was significant. The defendant was sentenced to a summary order of fines on April 15, 2018, and three times of the same crime. However, the defendant's act was committed against the defendant, while recognizing each of the above crimes, the defendant was committed against himself, and the defendant was admitted to a mutual aid association, the defendant was admitted to a mutual aid association, and the defendant was only agreed with the victims, the victim E was illegally crossed on the crosswalk red signal at the time of this case, and the negligence of the above victim E was not less vulnerable to the defendant's age, character and behavior, environment, family relationship, the circumstances and result of the crime, and the circumstances after the crime, etc., the defendant's assertion that unjust sentencing is unreasonable, and thus, is justified.

3. As the defendant's appeal of this case is with merit, the judgment of the court below is reversed in accordance with Article 354 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

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

1. It is so decided as per Disposition in consideration of the overall circumstances prior to the reason for sentencing under Article 62(1) of the Criminal Act.

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