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(영문) 의정부지방법원 2013.12.13 2013노1768
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. Summary of grounds for appeal;

A. The Defendant: (a) was driving the accident site of this case, and there was no fact that there was shocking the victim; and (b) was shocking even if there was shocking.

Even if the facts were not known, the judgment of the court below that found the defendant guilty of the facts charged of this case is erroneous in the misconception of facts, since there was no intention of escape.

(B) While the Defendant stated to the effect that the instant crime was acknowledged in the trial, the Defendant still maintained its assertion on the same point).

The punishment sentenced by the court below on unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. The court below rejected the above assertion in light of various circumstances as stated in its reasoning, on the ground that the defendant made the same assertion as the grounds for appeal in this part of the judgment of the court below as to the mistake of facts, and the court below rejected the above assertion in light of the aforementioned circumstances. In light of the above judgment of the court below, the judgment of the court below which found the defendant guilty of the facts charged in this case is just and acceptable, and there is no error of law that misleads the facts as alleged by the defendant.

3. The Defendant’s negligent traffic accident by the Defendant’s negligent determination on the allegation of unfair sentencing resulted in the death of the victim, and the victim’s bereaved family members want to be punished with severe punishment, as the victim’s bereaved family members failed to agree with the victim’s bereaved family members. However, the Defendant made a statement to the effect that his criminal liability is recognized even if he did not have any history of criminal punishment except for a fine imposed twice prior to ten years, and did not recognize the occurrence of the instant accident, and that the Defendant’s statement was contrary to his depth even if he did not recognize the occurrence of the instant accident, and that the instant accident occurred while the drunkd victim was used on the road by suffering from the upper and lower portion of the color in which the traffic volume was low.

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