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(영문) 울산지방법원 2018.08.24 2018노641

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case is determined as follows: (a) while driving a retaliation against a bus in the course of interfering with the course of the defendant, the vehicle driven by the victim D while driving in the signal atmosphere at one lane adjacent to the occupational negligence of the center line; (b) due to the shock of the vehicle driven by the victim D due to the shock of the vehicle driven by the victim F; (c) at the same time, the victims are injured by the need for medical treatment for two weeks; and (d) at the same time, the victims have damaged the vehicle and failed to take necessary measures, such as aiding and abetting the victims; and (c) the victim has escaped without any justifiable reason, without any justifiable reason, failed to convene a meeting within three days after receiving the notice of convening a social service staff meeting under the name of the head of the Busan Regional Military Affairs Administration of the Busan Regional Military Affairs Office, in light of the circumstances and details of the crime, etc., the crime is extremely poor in quality; (d) the defendant was sentenced to imprisonment with prison labor for more than 18 million won in total; and (e) the defendant was sentenced as a crime of the same kind of traffic accident.

However, the circumstances are favorable to the defendant, such as the fact that the defendant acknowledged the crime of this case, the degree of injury suffered by the victims is relatively minor, and the defendant deposited KRW 1 million for the victims in the original trial, and the victims and the victims do not want the punishment for the defendant by mutual consent.

The above-mentioned favorable circumstances and unfavorable circumstances.

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