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(영문) 제주지방법원 2019.01.17 2018노343
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

Reasons

The gist of the defendant's grounds for appeal is that the punishment imposed by the court below (the imprisonment without prison labor for six months, the suspension of execution for two years, the community service for 40 hours, and the compliance officer for forty hours) is too unreasonable, and thus, the defendant agreed with the victim in the trial, and the defendant is in depth divided into the victim in the trial, the victim was partially negligent in relation to the occurrence of the traffic accident in this case, and other various circumstances that form the conditions for sentencing in this case, the sentence imposed by the court below against the defendant is deemed unreasonable, and the above argument is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, and Article 268 of the Criminal Act

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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