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(영문) 대전지방법원 2014.07.16 2014노924

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment was examined. The defendant committed the crime of this case without taking necessary measures, such as causing injury to the victims due to negligence of neglecting the front-time situation, damaging YA and aiding the victims, and the nature of the crime is not good. The defendant's criminal punishment was five times due to the crime of violating the Road Traffic Act, and the defendant committed the crime of this case in the Daejeon District Court on May 9, 201, and the defendant committed the crime of this case during the suspension of execution, without being aware of the fact that he was sentenced to the suspension of execution two years due to the crime of violating the Road Traffic Act on May 9, 2012.

However, the defendant confessions the crime of this case against his mistake when he was in the trial. This case is a minor traffic accident because the defendant conflicts with hand on the left side of the vehicle with the left side of the vehicle, and the degree of injury of the victim is not more than two weeks since the victim's injury is an insignificant traffic accident. The defendant appears to have been an opportunity for the victim to know that the victim does not want punishment in the court below's initial agreement with the victims, about four months of confinement life, it seems that the defendant did not repeat the crime, that the defendant does not have any other favorable circumstances such as the fact that there is a family member, that there is a family member to support the defendant, and that the sentence on this case is invalidated, and that the defendant's punishment imposed by the court below is somewhat inappropriate considering all the sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime.

3. In conclusion, the defendant's appeal is justified.

참조조문