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(영문) 인천지방법원 2017.01.11 2016노4482
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

Of the facts stated in the judgment below, Article 46(2)2 and the main text of Article 8 of the current Guarantee of Automobile Damage Compensation Act ( statutory penalty: imprisonment with prison labor for not more than one year or a fine not exceeding ten million won) were applied to the operation of automobiles which are not mandatory insurance.

However, Article 46(2)2 of the former Guarantee of Automobile Compensation (amended by Act No. 12987, Jan. 6, 2015; hereinafter the same) and the main text of Article 8 of the former Guarantee of Automobile Compensation Act (amended by Act No. 12987, Jan. 6, 2015; hereinafter the same) apply to the crime committed before the enforcement of the Act, since the current penal provision of the Act on the Guarantee of Automobile Compensation was amended on January 6, 2015 and enforced on the same day, the judgment of the court below was no longer maintained in this regard.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is again ruled as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident), Article 151 of the Road Traffic Act (the point of damage to business and real property), Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of damage to business and real property), and the former Guarantee of Automobile Compensation.

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