(영문) 서울동부지방법원 2019.10.18 2019노1091

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(영문) 서울동부지방법원 2019.10.18 2019노1091

특정범죄가중처벌등에관한법률위반(도주치상)등

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The judgment of the court below is reversed.

As to the crimes of No. 1 of the judgment of the defendant, the crimes of No. 2, 3 and 4 of the judgment of the defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. As to the crime No. 2 of the misunderstanding of facts (as to the crime No. 2 in the market) decision, the Defendant was unable to recognize the accident itself, and thus, the Defendant does not leave the scene of the escape intentionally.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment for the crimes of June, 200, No. 2, 3, and 4 in its ruling) is too unreasonable.

2. Determination

A. Based on the evidence duly adopted and examined by the court below, the court below found the defendant guilty of this part of the charges, by taking into account the following circumstances: (a) the defendant caused an accident involving four vehicles at a 400-meter section in the situation where the defendant had a fluoral dispute with female-friendly women; (b) the driver K of the vehicle that the defendant first received stated in the court of the court below that "the defendant was fluordd with the defendant; (c) the defendant left the vehicle without taking necessary measures, such as aiding the victims although he was aware of the fact that the vehicle's repair cost was 825,00 won to KRW 1,746,440 for each vehicle; and (d) it appears that the driver was not a minor accident to the extent that the driver could not have known.

Defendant’s assertion of mistake is not accepted.

B. In view of the facts stated in the argument of this case and the reasons for sentencing indicated in the record, such as the fact that the crime of Article 1 of the Judgment on the argument of unfair sentencing should be considered with regard to the crime of Article 2 of the Decision, the injury of the victims is insignificant, the agreement between the victims is reached, and the defendant does not have the power to receive a sentence by narcotics, the sentence imposed by the court below is unreasonable.

3. Accordingly, the defendant's appeal is justified.

유사 판례

-창원지방법원 2013.11.14 2013노1676

-대구지방법원 2015.05.01 2015노928

-대구지방법원 2016.09.08 2016노2008

-서울고등법원 2014.06.27 2014노173

-울산지방법원 2014.07.11 2014노237