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(영문) 수원지방법원 2019.09.27 2019노4021

특정범죄가중처벌등에관한법률위반(도주치상)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is a case where the defendant caused a traffic accident, resulting in the victim's non-refluent injury, and the defendant escaped as it is, and thus, the case is not weak.

However, in full view of the following factors: (a) the Defendant made confession of all crimes in the course of trial, and made a mistake in depth; (b) the Defendant subscribed to a comprehensive motor vehicle insurance; (c) the Defendant agreed with the victim immediately after the pronouncement of the lower judgment; and (d) the Defendant’s age, character and conduct, and environment; and (c) all the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, it is unreasonable to maintain the lower court’s sentencing decision

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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 and Article 268 of the Criminal Act concerning the crime;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the above);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);