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(영문) 청주지방법원 2019.01.25 2018노1213
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

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

2. The crime of this case is an unfavorable circumstance that the defendant, who caused a traffic accident, escaped without a relief measure even though the defendant was injured by the victim on the part of the victim on the part of the victim on the part of the victim, and the driver without a license while the defendant was indicted for the crime of this case, and the crime of this case was committed without a license, and the crime was committed in the light of the circumstances after the crime, and the defendant had a record of punishment for the same crime (unlicensed driving), and the defendant recognized the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in an investigative agency

However, the court below recognized all of the crimes in this case in the trial, and there is no criminal record exceeding the fine of the defendant, since the sentence of the judgment below, the victim does not want the punishment of the defendant by mutual consent with the victim of the crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes after the sentence of the judgment below, and the conditions of sentencing specified in the arguments in this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc. [the scope of recommending punishment] mitigated area (including six to one year) [including special mitigation] mitigated area (including efforts to recover damage] mitigated in the first category (six to one year) [the case of the crime of violation of the Road Traffic Act] [the sentencing criteria] and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (unlicensed Driving Vehicle] was set, and thus, the lower court's sentence against the concurrent crimes in Article 37 of the Criminal Act between violations of the Aggravated Punishment, etc. of Specific Crimes should be considered for six months or more.

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