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(영문) 전주지방법원 2014.08.13 2014노347
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by a fine of twenty-five thousand won.

3. The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, 160 hours of community service order, and 40 hours of order to attend a law-abiding lecture) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.

A. Of the facts charged in the instant case, the summary of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the Victims P and the violation of the Road Traffic Act against the victims P and R are those engaged in driving of the C-A-hurged Motor Vehicle.

On November 11, 2012, the Defendant: (a) driven the said car and driven the said car in order to drive the said car at a non-speed speed of two-lanes of the new apartment distance, which is located in Songcheon-gu, Chungcheongnam-gu, Seoul; (b) driven the two-lanes of the new apartment distance from the new elementary school to the side of the two-lanes at a non-speed speed; (c) brought about about about about about 500 meters away from that place to the roads of the Songcheon-gu, where the injured P (5 years of age) driven by the victim P (5 years of age) who stopped at that place; (d) followed the passenger car driven by the victim R who parked in the same place; and (e) suffered injury, such as the light seat, tension, etc. requiring treatment for about two weeks; and (e) at the same time, the repair cost is 5,478,080 won to the extent that the said passenger car is damaged to the extent that the repair cost is damaged to the extent that the injured to the extent that the said passenger 16686, 4, and franchise.

B. The lower court found the Defendant guilty of this part of the facts charged in full view of the Defendant’s partial statement, statements, estimates, and medical certificates on P in the first trial record.

C. Article 54 of the Road Traffic Act, such as aiding a victim under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as providing relief to the victim.

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