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(영문) 대구지방법원 2016.03.10 2016노62
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The defendant does not take appropriate measures such as providing assistance to casualties, and there is no room to vindicate the defendant that the defendant escaped from the match, even though the victim G suffered injuries due to a traffic accident caused by the defendant's judgment that caused the victim G to need medical treatment for six weeks, and the two costs of the vehicle around the defendant's snow were transferred to the defendant's eye and there was a large amount of accident requiring approximately 18

However, the defendant led to the confession of the facts charged, and the vehicle driven by the defendant is covered by a comprehensive insurance, so that the victims can be compensated for material damage related to the vehicle with the above insurance, and the defendant and the victim G did not want to be punished more by the defendant on December 29, 2015, after the decision of the court below was rendered.

In addition, comprehensively taking account of the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, environment, occupation, family relationship, background leading to the instant crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

3. As such, the defendant'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 the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as shown in each corresponding column 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 148 and Article 54(1) of the Road Traffic Act (the occupation of a measure after destruction of a vehicle due to a traffic accident), Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act concerning the crime;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (the punishment shall be heavier).

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