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(영문) 광주지방법원 2016.04.20 2016노561
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years and six months of imprisonment.

except that this judgment.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance where: (a) the act of this case leads to the death of a victim by escape without taking any measures despite the occurrence of an accident by failing to perform the duty to safely drive on the road to confirm whether the defendant is a person driving on the road; and (b) the crime is not good.

On the other hand, the defendant agreed with the bereaved family members of the victim that the bereaved family members of the victim do not want the punishment against the defendant; the defendant does not have any criminal records exceeding the same criminal records or fines; and the occurrence of the accident of this case has some responsibility for the victim who was pushed ahead of the baby and walking alone without considering the situation of the surrounding road properly.

In light of the fact that the situation of the road surface of the instant accident site or the occurrence of an accident while driving a motor vehicle, there is a possibility that the Defendant mispercing the object that is not a person, and the Defendant seems to have neglected the criminal intent of escape, such as immediately responding to the police officer's request for appearance, etc., and the fact that the Defendant's driver's vehicle is being covered by the comprehensive motor vehicle insurance policy is favorable circumstances.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unlimited and deemed unfair, and thus, the Defendant’s assertion is reasonable.

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, and the judgment below is ruled again after pleading as follows.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Act and subordinate statutes.

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