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(영문) 부산지방법원 2014.08.22 2014노1667
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal is unfair because the sentence of imprisonment with prison labor for 6 months, 2 years of suspended execution and 40 hours of social service against the defendant, and 40 hours of compliance driving lectures is too unreasonable.

2. The crime of this case is acknowledged that each of the crimes of this case committed by the defendant while driving a motor vehicle, which caused an injury to the victim's driving vehicle parked on the right side of the defendant's running direction by negligence while neglecting his duty of front-time care, and also runs away without any rescue measures such as damaging the victim's driving motor vehicle and destroying the victim's driving motor vehicle.

However, in full view of the following: (a) the Defendant recognized each of the crimes in this case, and divided his mistake; (b) the degree of damage is relatively minor; and (c) the automobile comprehensive insurance company, which has joined a vehicle, appears to have recovered all the damage caused by the instant accident to the victim; (d) there is no history of having been punished for the same crime before and after June 2006; (b) there is no history of criminal punishment; (c) there is no history of economic circumstance; (d) there is a family member, such as wife and two children; (d) the victim and two children want to be supported by the victim and the defendant; and (e) other various circumstances that are the conditions of sentencing as indicated in the records, such as the Defendant’s age, environment, family relationship, occupation, and the background of the instant crime, etc., the sentence of the lower court is somewhat unreasonable.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are 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.

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