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(영문) 부산지방법원 2014.10.10 2014노2672
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 3 million imposed by the court below against the defendant is too unhued.

2. The following circumstances are acknowledged: (a) the Defendant recognized each of the instant crimes and against his/her mistake; (b) returned to the scene of the accident after about 17 minutes passed since the Defendant escaped from a traffic accident; (c) the first offender who had no record of criminal punishment before criminal punishment; and (d) agreed with the victim.

However, in light of the following: (a) the instant crime committed by the Defendant, while driving a taxi at night, did not turn on the direction of the Defendant while driving a taxi, did not properly examine the traffic situation, and caused a traffic accident involving an injury requiring about 12 weeks of medical treatment to the victim due to the negligence of the victim C driver who driven the same lane by changing the lane from the four-lane to the one-lane, and led the victim to a traffic accident requiring about 12 weeks of medical treatment; and (b) the degree of damage and the circumstances of the accident, and the fact that the Defendant is engaged in the taxi driving duty, etc., the case is not easy, and the case is also poor; and (c) other circumstances, including the Defendant’s age, environment, occupation, family relationship, circumstances leading to each of the instant crimes, and circumstances after the crime, etc., the sentence of the lower court is unreasonable as it is deemed unreasonable.

Therefore, prosecutor's assertion is justified.

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 again decided 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 on the crime committed through occupational negligence and the escape after escape.

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