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(영문) 대구지방법원 2020.09.18 2020노2018
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The fact that the Defendant, while driving without a license, escaped without taking relief measures despite the occurrence of an accident, and that the Defendant committed fraud after committing the crime should be criticized.

However, the court below's punishment is too unreasonable, considering the following factors: (a) the defendant recognized a criminal act, and there is no specific punishment force twice the fine, and the victims do not want punishment as the victims agreed to during the trial; and (b) the defendant's age, character and behavior, environment, motive for the criminal act, circumstances after the criminal act, etc.; and (c) other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; Article 54 (1) of the Road Traffic Act; Article 152 subparagraph 1 of the Road Traffic Act; Article 43 of the Road Traffic Act; Article 347 (1) of the Criminal Act; Article 347 (1) of the Criminal Act; and Article 58 of the Act on the Aggravated Punishment, etc

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act;

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