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(영문) 수원지방법원 2014.01.09 2013노5378

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Summary of Grounds for Appeal

The sentence of the court below against the accused (one year of imprisonment) is too unreasonable.

Judgment

The crime of this case is a significant issue that the defendant driving a non-insurance vehicle with a blood alcohol concentration of 0.120%, caused an accident of personal injury, escaped, and caused his/her friendship to make a false confession as if he/she caused an accident, and one of the victims suffered severe injury in the 10th century, etc. However, there are no special criminal records except for the defendant who was sentenced two times to a fine, and there are family members to support, and the defendant has deposited certain money for the victims who were on board the defendant's vehicle prior to the pronouncement of the original judgment, and deposited certain money for the victims who were on board the damaged vehicle. The defendant was ordered to be punished by the victims who were deposited only at the trial, and the defendant's age, character, character, environment, circumstances, and circumstances after the crime, etc., the punishment imposed by the court below is somewhat unreasonable in full view of all the circumstances of the records and arguments of this case, including the defendant's age, character, and conduct, circumstances after the crime.

Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 148-2(1) of the Road Traffic Act, Article 151(1) and Article 31 of the Criminal Act.