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(영문) 의정부지방법원 2016.07.08 2016노784
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is that the punishment (five million won a punishment) imposed by the court below is too unreasonable and unfair (the defendant explicitly withdraws his assertion of mistake as to the facts on the first trial date of the first trial of the court below). 2. The crime of this case, such as taking care of the defendant in the course of overtaking the vehicle that the victim is driving in the center line, and escape without taking relief measures, even though the victims suffered injury, is not taken, considering the content and method of the crime, etc., and the fact that the victims and the victims did not reach an agreement or complete recovery from damage until now is recognized as the circumstances unfavorable to the defendant.

However, in light of the fact that the defendant committed the crime in this case when he was found to be guilty of the crime in this case, it seems that the criminal intent of the escape seems to be dolusent, the victim seems not to have been much severe, and the victim seems to have been compensated for considerable damage from the insurance company. After that, the fact that the defendant was compensated for the above compensation through the insurance company in which the defendant was enrolled, the defendant's economic situation as a recipient of the basic living environment is not a long-term judicial branch, the defendant is not a beneficiary of the crime in this case, or there is no record of punishment for traffic accident-related crimes, the general amount of punishment in the same and similar cases, balance between the defendant's age, sex behavior, intelligence and environment, the motive, background, means and consequence of the crime in this case, the circumstances, criminal records, family relations, and economic circumstances, etc., it is reasonable to recognize that the defendant's punishment imposed by the court below is somewhat inappropriate to maintain it as it is, and its assertion is reasonable.

3. If so, the defendant-appellant.

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