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(영문) 대전지방법원 2013.05.23 2013노91
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The crimes of this case are deemed to have been committed by the defendant multiple times, driving without a license or driving without a license, and the crime of this case is very significant, and the degree of injury suffered by the victims of each accident of this case is not less severe, the crime of this case has a number of criminal records including imprisonment imposed as a result of the same crime of violation of the Road Traffic Act, the crime of the same type of crime is acknowledged, but the defendant is deemed to be a criminal act during the period of repeated crime, while the defendant is in a trial, he/she is found to have led to confession and reflect each of the crimes of this case, and the defendant agreed smoothly with the victims of each of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the trial, and all of the sentencing conditions such as the age, character and behavior of the defendant, environment, and circumstances after the crime are considered to be unfair. Thus, the defendant's assertion is reasonable.

In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by this court and the summary of the evidence are as follows, except where "the defendant's partial statement" in the summary of the evidence written in the original judgment is used as "the defendant's legal statement", and thus, it is identical to the corresponding column of the original judgment. Therefore, it is cited as it is in accordance with Article 369

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in question, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act.

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