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(영문) 의정부지방법원 2020.01.17 2019노2665
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

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

Reasons

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

2. The crime of this case was committed by the defendant while driving without a license by negligence and causing about 2 to 3-day injury to all eight victims in need of medical treatment, respectively. The crime of this case committed a total of 24 million won without any rescue measure even though 3 vehicles were damaged by the above 24-day repair cost, and the crime was considerably poor in light of the circumstances and details of the crime, the scale of damage, etc., and the defendant was punished by a punishment of 15-day punishment by taking into account the following factors: the defendant was punished by imprisonment with prison labor for 6 months and 2-day suspension of execution on November 4, 2016; and the defendant was punished by a fine for obstruction of performance of official duties even though he was sentenced to a fine for the crime of violation of the Road Traffic Act, which was committed during the suspension period of execution.

However, in light of the favorable circumstances, such as the fact that the Defendant recognized all the facts charged in the instant case and reflects the Defendant’s mistake in depth, and that the Defendant agreed with the victim I, I, and I, and I, and I, and I, and I, I, and I, and I, and I, and I, and I, and I, and I, and I, and I, and I, and I, and I, and I, and I, and I, and I, and I, and, in particular, I will also agree with, and considering all the sentencing conditions of the Defendant’s age, occupation, character and conduct, environment, family relationship, circumstances after the commission of the

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 it is again decided after pleading as follows.

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