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(영문) 전주지방법원 2018.11.16 2018노1369
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. The crime of this case is acknowledged that the defendant did not follow the victim's signals, which are the number of signals at the construction site signals, while driving a vehicle, shocking the part of the victim's elbow part of the vehicle with the wheel with the wheels of the victim's left growth, and runs away without taking any measures for the victim's injury requiring treatment for about 10 days, and the nature of the crime is not weak. The defendant criticized the victim to the purport that the investigation agency and the court below intentionally caused the victim's accident, and that the victim did not receive a letter from the victim.

However, when the Defendant was found to have committed the instant crime in the past, the Defendant committed the instant crime, and committed a mistake, and deposited KRW 1.5 million to recover the victim’s damage, and the Defendant’s vehicle is covered by a comprehensive insurance, the degree of injury suffered by the victim is relatively minor; the Defendant appears to have been detained near two months due to the instant crime; the Defendant appears to have been detained for the time of reflect; the first offender is the first offender; the Defendant was under simple transplant surgery; and all the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, sex, environment, circumstances, means and consequence of the instant crime; and the Defendant’s punishment is deemed unfair by taking full account of all the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【The reasoning of the judgment in its entirety is that the facts constituting an offense and the summary of evidence recognized by the court below are stated in the “a summary of evidence” of the judgment below.

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