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(영문) 의정부지방법원 2015.05.20 2015노737
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable for the lower court’s imprisonment (eight months of imprisonment).

2. The judgment of the court below committed the instant crime again even though the Defendant had been under suspended execution due to other crimes. The instant crime was committed by the Defendant while driving a vehicle not covered by mandatory insurance, resulting in a traffic accident, and the nature of the crime is not good in light of the circumstances of the crime, and the Defendant’s escape during the trial of the court below is disadvantageous to the Defendant.

However, in full view of the following facts: (a) all of the criminal acts of this case, including the fact that the defendant is recognized as all of the criminal acts of this case; (b) the injury suffered by the victim is relatively minor; (c) the victim is not punished against the defendant by agreement with the victim when the defendant was in the trial; and (d) the circumstance of the crime of this case, the result of the crime, the circumstances after the crime, etc.; and (c) all the sentencing conditions such as the sentencing conditions and the scope of the recommended sentencing guidelines of the Supreme Court [traffic crime group; (d) the escape after traffic accident; (e) the escape after the traffic accident; (e) the mitigation area; (e) the mitigation area; and (e) June -10], the sentence of the court below is

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 all the same as the corresponding columns 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(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Article 46(2) of the Guarantee of Automobile Accident Compensation Act.

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