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(영문) 의정부지방법원 2019.09.06 2019노1496
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Determination is an unfavorable circumstance, such as the fact that the defendant was punished for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2012 and a violation of the Road Traffic Act.

However, it is favorable for the defendant to recognize and reflect the crime of this case when it comes to the trial, and the victims do not want punishment against the defendant by mutual consent with the victim E and G, and the degree of injury suffered by the victims seems not to be relatively much severe.

In full view of such circumstances and the defendant's age, character and conduct, environment, circumstances after the crime and circumstances after the crime, all the sentencing conditions shown in the records and arguments of this case and the sentencing guidelines of the Sentencing Commission, the lower court's sentence is somewhat inappropriate.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. 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 with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is 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, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account the various circumstances examined prior to the sentencing reasons of Article 62-2 of the Criminal Act with regard to orders to provide community service and attend lectures;

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