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(영문) 의정부지방법원 2017.04.13 2017노94

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant is the first offender.

The defendant paid 3 million won to the victim D, 16 million won to the victim F, respectively, and agreed to pay 16 million won to the victim F, and the Maritime Vehicle is covered by the comprehensive motor vehicle insurance.

However, due to the instant crime, the victim F, who was a driver of Oral Ba, was killed immediately after the accident and was injured by a serious injury requiring eight (8) caution treatment, but the Defendant escaped without any relief measures.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the crime No. 1 of the final sentencing scope according to the sentencing guidelines set by the Supreme Court's sentencing committee (six months to one year and six months), including the defendant's age, sexual behavior, family relation, the motive and consequence of the crime, the means and consequence of the crime, etc., and the crime No. 1 of the final sentencing scope according to the sentencing guidelines set by the Supreme Court's sentencing committee [the scope of the recommended punishment] the mitigated area (including a special mitigated person's efforts to recover damage) [the scope of the recommended punishment] the mitigated area (including a serious effort to recover damage) [the scope of the punishment] the mitigated area (6 months to one year after the traffic accident] [including efforts made by the court below for the recovery of damage] of the mitigated area (including efforts made by a special mitigated person] of the mitigated area after the traffic accident.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the ground that it is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure; however, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “1. Each written diagnosis and written estimate” in the summary of the evidence of the lower judgment shall be changed to “1. Each written diagnosis and written estimate of damaged vehicles”, and “1. Selection of sentence,” in the application of the Act and subordinate statutes, “1. Selection of Punishment,” and Articles 37(1)2 and 50 [Article 38(1)2 and 50 of the Criminal Procedure Act shall be punished.]