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(영문) 청주지방법원 2020.08.28 2020노825
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

2. The judgment of the defendant does not apply to cases where the defendant runs away without taking any measure to rescue the victim even though he/she caused a traffic accident that shocks the ozone layer while driving his/her vehicle.

However, in light of the fact that the degree of injury suffered by the victim is relatively not more severe, that the vehicle operated by the defendant is deemed to have been recovered considerably due to the purchase of automobile insurance, that the defendant agreed with the victim in the trial, that the defendant reflects the defendant in the trial, and that the defendant's age, occupation, character and conduct, family relation, motive and circumstance of the crime, means and method of the crime, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, etc., the sentence of the court below against the defendant

3. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is judged again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, 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, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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