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(영문) 청주지방법원 2019.09.27 2019노710
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below and the judgment of the court below are all reversed.

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

Reasons

1. The sentence imposed by the court below (the first instance court's imprisonment with prison labor for 1 year and 6 months) on the defendant is too unreasonable, as the summary of the grounds for appeal (e.g., e., imprisonment with prison labor for 1 year and 2 months) and the

2. This Court decided to hold a concurrent hearing of the appeal cases of the first and second judgment. Since each of these offenses in the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, a single sentence shall be determined within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act, the judgment of the first and second judgment cannot be maintained as they are.

3. The judgment of the court below Nos. 1 and 2 is reversed in entirety without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is again decided as follows through pleading.

【Grounds for the Judgment of the Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to those of the judgment of the court of first and second instance, and thus, they shall be quoted 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, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Articles 148 and 148-2(2)2 and 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; hereinafter the same shall apply), Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (amended by Act No. 15530, Jul. 22, 2018; hereinafter the same shall apply), Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (amended by Act No. 1530, Aug. 1, 2018; hereinafter the same shall apply) of the Road Traffic Act, Article 152 subparag. 1 and 43 of the Road Traffic Act.

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