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(영문) 춘천지방법원 2018.07.13 2018노329
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Although it appears that there was no external factor that could cause negligence at the time of the instant crime, the Defendant had been provokinged to the damaged vehicle that proceeds from the front line on the straight line, and the negligence was not weak, despite the fact that the Defendant was deemed to have been aware of the above-mentioned drilling, the crime of attempted to overtake the damaged vehicle and run away as it was is, despite the fact that there was an injury requiring two-day medical treatment, and the victim 4 suffered from the injury that all of the victims sustained during the two-day medical treatment, and there was no color that combines the crime while denying the fact that caused the traffic accident until the lower court, notwithstanding the evident evidence such as the trace of the collision of the Defendant vehicle.

However, in light of the favorable circumstances, such as the defendant's age, sex, environment, circumstances after the crime, degree of damage to victims, etc., the court below's punishment is somewhat unreasonable, taking into account the following circumstances: (a) the defendant paid 5 million won agreed upon to the victim D by paying the agreed amount on June 21, 2018 to the victim; (b) through the insurance that the defendant subscribed to, and on the same day, it appears that the victims would have been sufficiently treated; (c) the defendant was detained for three months and has an opportunity to reflect; and (d) other favorable circumstances, such as the defendant's age, sex, environment, conditions after the crime, degree of damage to the victims, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;

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