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(영문) 창원지방법원 2014.05.15 2014노11

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal of this case is as follows: (a) each of the instant crimes committed by the Changwon District Court, on December 13, 2012, sentenced the Defendant to two years of a suspended sentence on the grounds of imprisonment with prison labor for the crime of aiding and abetting any offender and the crime of violating the Road Traffic Act, which became final and conclusive at that time; (b) however, even though the said judgment becomes final and conclusive at that time, by negligence, driving cars of the Victim F (hereinafter “victim”) who driven in violation of the signal while under the influence of alcohol without a driver’s license, thereby causing about two weeks of working, resulting in a scarbbling of a chesthead that requires the victim to receive approximately two weeks of working, and at the same time, did not take measures such as aiding and damaging the said car to cover KRW 2090,000,000 of repairing expenses, and tried by the Co-Defendant B of the first instance trial to conceal his crime, thereby causing a traffic accident by causing a false statement to an investigative agency and aiding and abetting any offender by taking a drinking.

2. Taking into account the circumstances alleged by the judgment prosecutor, the following facts are considered: (a) the Defendant confessions the Defendant, and reflects the Defendant’s mistake through a three-month period of detention; (b) the Defendant sold the vehicle driven at the time of the instant case and did not repeat the crime; (c) the Defendant is faithfully employed and work in P branch after the sentence of the lower judgment; (d) the degree of personal and material damage to the victim of the instant traffic accident is not severe; (c) the Defendant was not subject to the Defendant’s punishment by agreement with the victim; (d) there is no other criminal records other than the past suspended sentence; and (e) the Defendant’s character, conduct

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