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(영문) 청주지방법원 2012.11.16 2012노842
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and eight months of imprisonment) is too unreasonable.

2. In light of the fact that the defendant inflicts an injury on a police officer who is performing legitimate official duties, and committed an offense, such as the occurrence of an accident and escape while driving a drunk, etc., and the nature of such offense is very poor, and the drinking driving is dangerous, which may cause an injury not only to himself but also to another person's life and body, and thus, there is a need to punish the offender strictly, and the defendant commits each of the of the crimes of this case during the repeated crime period, the number of victims and the defendant did not agree with the victims other than the victim I, it is inevitable to sentence the defendant as a sentence.

However, in light of the fact that the defendant recognized each of the crimes of this case and against the defendant, and that the defendant agreed with the victim I when it comes to the trial, the sentence of the court below is somewhat unreasonable, and thus, the above argument of the defendant is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts constituting the crime and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136(1) of the relevant Act on the Punishment, etc. of Criminal Crimes (the point of obstruction of performance of official duties), Article 257(1) of the Criminal Act (the point of injury), Article 152 subparag. 1 and Article 43 of the Road Traffic Act (the point of driving without a license), Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury caused by each occupational negligence), Articles 148-2(2)3 and 44(1) of the Road Traffic Act, Article 151 of the Road Traffic Act (the point of operating at the same time), Articles 148 and 54(1) of the Road Traffic Act (the point of failing to take measures after the accident), and Article 54(1) of the Guarantee of Automobile Accident Compensation Act.

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