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(영문) 광주지방법원 2016.11.02 2016노1286
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

except that from the date of this judgment.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, eight hours of community service, and forty hours of order to attend a law-abiding lecture) of the lower court is deemed to be too unhued and unreasonable;

2. The defendant's mistake is recognized and reflected in his judgment.

The degree of injury of the victim is relatively minor and the vehicle operated by the defendant is covered by the comprehensive automobile insurance.

On the other hand, the defendant, while driving a vehicle while under the influence of alcohol, caused an accident that causes the shock of the victim's vehicle while driving the vehicle, and without any measure, escape without any measure and the quality of the crime is very poor.

There is no agreement with or tolerance to the victim.

The defendant has been sentenced to three times a fine due to the violation of the Road Traffic Act (driving) and one time a fine due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is deemed to be too uneasible and unfair. Therefore, the Prosecutor’s assertion is with merit.

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 facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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