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(영문) 인천지방법원 2014.01.08 2013노3100
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

Reasons

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

2. In full view of the following circumstances: (a) the Defendant led to the confession of a crime, the damage caused by an accident, the damage caused by an accident, the full agreement with the victim in the trial, the fact that there is no specific criminal punishment other than the one sentenced to a fine once due to a drunk driving; and (b) other various circumstances that form the conditions of the argument and the sentencing indicated in the record of the instant case, including the Defendant’s age, character and conduct, and environment, the Defendant’s argument is deemed unfair because the sentence imposed by the

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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 5-3 (1) 2, Article 268, Articles 148 and 54 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning Criminal Facts, Articles 148 and 44 (2) of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, with heavier punishment);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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