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(영문) 서울북부지방법원 2015.02.05 2014노1646
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The defendant's crime of this case is found to have committed the crime of this case, where the defendant, while driving a vehicle without properly examining the front direction and the left and right of the driving direction of the vehicle, was taken in front of the vehicle, without taking any measures, and eventually, caused the victim's death. The crime of this case is very bad, and the result also requires a strict punishment for the defendant. However, although the defendant voluntarily appeared in the police station for about 3 hours after he committed the crime of this case and voluntarily surrenders the defendant. The defendant was 4 months or more due to the crime of this case, and there was no history of punishment exceeding the same criminal power and fine, and there was no history of punishment, the damage to the victim and bereaved family members was already recovered in the court below through the comprehensive motor vehicle insurance that the defendant was admitted to the vehicle driving, and the bereaved family members and bereaved family members want not want the defendant's punishment only by agreement between the victim and his family members, the defendant's intent to commit the crime of this case and circumstances before and after the crime of this case, the defendant's age and circumstances surrounding the defendant's occupation and circumstances, etc.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

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

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