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(영문) 창원지방법원 2018.05.10 2018노542
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 20 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. Each of the instant crimes committed by the Defendant is an unfavorable circumstance to the Defendant, inasmuch as the Defendant did not properly take relief measures despite the damage inflicted on the victim by shocking the victim’s vehicle and causing the injury to the victim.

① However, the Defendant’s recognition of each of the instant crimes is against the Defendant, ② the victim’s injury (around two weeks’ transitional observation and tensions) caused by the instant traffic accident is relatively heavy; ③ the extent that the cost of repairing approximately KRW 520,000 is required for the damage of the victim’s vehicle; ④ the Defendant’s vehicle is covered by a comprehensive insurance; ⑤ the Defendant agreed with the victim, ⑤ the victim’s desire to have the Defendant’s wife, and the Defendant’s desire to have the Defendant’s wife, and the fact that the Defendant has no same power is favorable to the Defendant.

In full view of the above circumstances and other circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence imposed by the lower court is unreasonable.

Defendant’s assertion is with merit.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of failing to take measures after the accident)

1.Article 40 of the Criminal Code of Trade and Trade.

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