(영문) 춘천지방법원 강릉지원 2014.04.02 2014노8

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(영문) 춘천지방법원 강릉지원 2014.04.02 2014노8

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. The judgment defendant is driving without a license.

As the victim dies and runs away, the contents of the crime and the result of damage are very serious, the defendant's operation of the crime on behalf of a third party after the crime was asked by an investigative agency to make a statement, and the defendant was sentenced to imprisonment with prison labor for 10 months or for 2 years of suspension of execution in the General Military Court on March 6, 2012, and the above judgment became final and conclusive on March 14, 2012, and again committed the crime of this case during the suspension of execution is disadvantageous to the defendant.

However, considering all of the sentencing conditions in the instant case, such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the 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 152 subparagraph 1 of Article 152 of the Act on the Punishment, etc. of Specific Crimes, Article 43 of the Road Traffic Act, Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of limited imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.

참조조문

-도로교통법 제43조

-도로교통법 제152조 제1호

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제1호

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