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(영문) 대전지방법원 2019.03.28 2018노2275
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 30,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal: The penalty (20,000,000 won of a fine) imposed by the lower court on the grounds of unfair sentencing is too unhued and unreasonable.

2. The judgment of the defendant recognized all of the crimes of this case and is against depth, and the fact that the defendant received the letter from the victims is favorable to the defendant.

However, the Defendant committed the instant traffic accident while making an unreasonable internship to avoid the crackdown on drinking driving.

The Defendant again committed the instant crime even though he was under the probation period due to the crime of injury.

Considering these circumstances, it is necessary to strictly punish the defendant.

In addition, in full view of the Defendant’s age, occupation, character and conduct, environment, family relationship, motive and background of the instant crime, means and consequence of the instant crime, and all of the sentencing conditions shown in the instant records and pleadings, the sentence imposed by the lower court is deemed unreasonable as it is deemed unreasonable.

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

【Reasons for the Judgment of the Supreme Court which has been written] Criminal facts and the summary of the evidence, and the summary of the evidence, are the same as that of the judgment of the court below, and thus, they are quoted 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, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage to property) concerning the crime under the corresponding provision of the relevant Act;

1. Articles 40 and 50 of the Criminal Act (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 and the Act on the Aggravated Punishment, etc. of Road Traffic, and a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims G with the largest penalty);

1. Punishment;

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