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(영문) 수원지방법원 2018.01.26 2017노8466
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is too unreasonable due to the defendant's punishment (eight months of imprisonment) of the court below, and the prosecutor asserts that it is too unfied and unfair.

2. The crime of this case, which caused a traffic accident as stated in the judgment of the court below, results in injury to four victims, and at the same time runs away without taking necessary measures even after the damaged vehicle was destroyed, and the nature of the crime is not good, and there is a history of punishment for the same crime, etc., which is disadvantageous to the defendant.

On the other hand, the fact that the defendant is against the defendant's wrong approval, the fact that the defendant voluntarily surrenders to the crime during the investigation process, the degree of injury of the victims other than the victim I is relatively minor, and the fact that the victims have reached an agreement with the victims in the first instance is favorable to the defendant.

In full view of the above circumstances and other conditions of sentencing as indicated in the records, including the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, the sentence imposed by the lower court is deemed unreasonable.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed separately). [Judgment which is used again] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the corresponding column of the judgment of the court below, and thus, it is cited as it

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act concerning criminal facts (the point of absence of accident).

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