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(영문) 광주지방법원 2013.04.10 2013노237

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The judgment of the court below is reversed.

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

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

Reasons

1. Summary of grounds for appeal;

A. The sentence (7 million won of fine) imposed on the Defendant by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Regarding the assertion of unfair sentencing by the Defendant and the prosecutor, the following facts are examined: (a) the Defendant was found to have committed the instant accident; (b) the Defendant was found to have committed the instant accident without obtaining a motorcycle driver’s license; (c) the Defendant was purchasing a comprehensive insurance policy; (d) the Defendant’s vehicle operated by the Defendant was deposited KRW 1 million for the victim E; and (e) the Defendant has yet to be able to pay 3 million won for the victim F; (e) the Defendant was subject to suspension of indictment; (e) once the prosecution was suspended; and (g) the Defendant was issued three times for the juvenile protective disposition; and (e) the Victim E suffered from two-oriented injuries due to the instant accident; (f) the Victim F was inflicted with six-oriented heavy injuries; and (c) the Defendant escaped without any rescue measures and did not reach the quality of the relevant crime; (e) the Defendant did not reach the agreement with the victims of the Road Traffic Act; and (e) the Defendant’s assertion that the Defendant was subject to suspension of indictment on November 16, 19, 2018, etc.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.