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(영문) 춘천지방법원 2018.07.20 2017노812
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended sentence, two years of probation, observation of protection, community service order 120 hours, and 40 hours of a semi-driving lecture) of the gist of the grounds for appeal is unreasonable because it is too unfasible.

2. The circumstances are favorable to the Defendant, such as: (a) the fact that the Defendant appears to be against the Defendant’s recognition of the instant crime; (b) the shock caused by an accident and the amount of damage was not relatively large; and (c) the Defendant’s vehicle purchased an automobile comprehensive insurance policy, and thus, appears to have paid the victims the insurance proceeds therefrom.

On the other hand, the crime of this case was committed by the defendant without a driver's license, and the defendant shocked the damaged vehicle that was normally driven on the left-hand side while driving a vehicle without a driver's license to the left-hand, and thereby, the defendant escaped while destroying the damaged vehicle at the same time. In light of the circumstances of the crime, method and result of the crime, degree of violation of duty of care, etc., the defendant was punished twice as a violation of the Road Traffic Act (driving Driving) which is similar to the crime of driving without a driver's license in this case. Accordingly, the fact that the driver's license of this case was revoked, and that the driver's license was not agreed with the victims, etc. are disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, and various sentencing conditions as shown in the records and pleadings, the lower court’s punishment is somewhat uneasible and 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 after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, it is in accordance with Article 369 of the Criminal Procedure Act.

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