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(영문) 대전지방법원 2015.07.09 2015노1355
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal (unfair punishment) that the court below sentenced against the defendant is too unreasonable.

Judgment

The defendant's mistake and reflects the defendant's mistake, the agreement was submitted by mutual agreement with all victims, the vehicle of the defendant's driver is covered by comprehensive insurance, the defendant has no criminal record of being sentenced to a suspended sentence or a heavier punishment, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) to which the sentencing guidelines are applied according to the sentencing guidelines established by the Supreme Court's Sentencing Committee, do not apply to the ordinary competition relation, but the sentencing guidelines are not applicable to the ordinary competition relation.

Since it will be a lawsuit, the sentencing criteria for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) against the victim F who is the most serious offender.

In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime of escape after traffic accidents, the lower court’s sentence against the Defendant is too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is justified. In so doing, the Defendant’s assertion of unfair sentencing is justified.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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