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(영문) 수원지방법원 2020.08.14 2020노2628
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one and half years.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. The judgment denied the defendant's escape crime by asserting that it is difficult for the defendant to understand from the investigative agency to the court below. In light of the fact that there is room for doubt as to whether the defendant is against the crime, that there was a fault of the defendant in relation to the traffic accident, that the crime was committed rapidly after the accident, and that it is not good that the crime was committed, and that the victim E could have suffered a large amount of injury in the case of the second accident, etc., the circumstances that the vehicle is covered by a comprehensive insurance, that the vehicle has reached an agreement with the victims, that there was no criminal record exceeding the fine, etc. are favorable circumstances.

In addition, in full view of the circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below seems to be too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. Since 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 following judgment is rendered again after pleading.

[Dao-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and the summary of evidence in the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime committed (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act;

1. Selection of imprisonment or imprisonment with prison labor;

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