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(영문) 서울남부지방법원 2016.10.21 2016노1545
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence of imprisonment with labor (one year of imprisonment) by the lower court shall be excessively unreasonable.

2. In light of the fact that the defendant did not have any history of punishment for the same crime, and that the defendant's vehicle was covered by the automobile insurance, and that the victim's treatment expenses were paid or expected to be paid from the victim's vehicle insurance, the defendant paid 2 million won to the victimJ, L, 1.5 million won to the victim's court due to the victim's repayment from the trial, and the victims expressed their intent not to want the defendant's punishment, the sentence of the court below is unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Dao-written judgment] Criminal facts and the summary of evidence against the defendant are identical to each corresponding column of the judgment of the court below, except where "the defendant's oral statement" is added to the summary of evidence. Thus, it is cited as it is 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, Articles 148 and 54 (1) of the Road Traffic Act (the point where measures are not taken after an accident), Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes in the Market) (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is added.

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