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(영문) 제주지방법원 2021.01.21 2020노877
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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 lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Each of the instant crimes, based on the grounds for appeal, runs away without taking measures, such as shocking a victim with a crosswalk while driving the crosswalk in a full condition and saving the victim, and the nature of the relevant crime is not very good. The Defendant’s liability is very heavy in that the victim suffered serious injury that requires approximately 14 weeks of treatment.

However, in full view of the following: (a) the Defendant recognized his mistake; (b) the Defendant paid the amount agreed upon to the victim when the Defendant was in the first instance; and (c) the victim did not want to be punished against the Defendant; (d) the Defendant did not have any record of criminal punishment other than one-time fine; and (e) the Defendant’s age, sex, environment, family relationship, motive and manner of the crime; and (e) the circumstances after the crime were committed, the sentence imposed by the lower court is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Grounds for the Judgment to be used again] Criminal facts and summary of evidence acknowledged by this court and summary of evidence are as stated in the corresponding column of the judgment of the court below, except that the crime No. 12-13 of the judgment of the court below, "the progress negligence" of No. 2 of the judgment of the court below, is "the progress negligence" as stated in the corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 3

Application of Statutes

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (3) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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