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(영문) 부산지방법원 2018.08.30 2018노2600
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, 120 hours of community service order, and 40 hours of lecture for compliance driving) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case, based on the judgment of the court below, is found to be disadvantageous to the defendant, such as that the defendant, without a driver's license, did not look at the rear side while driving a vehicle without a driver's license, and the defendant was faced with the damaged party who dried the crosswalk and suffered an injury requiring a medical treatment for about two weeks, without taking relief measures, and the defendant escaped without taking relief measures, and there is a heavy charge in light of the crime, and there was a history of having been punished several times due to drinking, driving without a driver's license, etc.

However, considering the fact that the defendant led to the confession of the crime in this case and reflects the mistake in depth, that the victim wants the defendant's wife against the defendant by agreement with the victim, that the defendant's health condition is not very good, such as the defendant's age, sex behavior, environment, etc., due to the interruption of the right leg, and that the defendant's additional operation is under way, etc., and that the defendant's age, sex behavior, environment, etc., the punishment of the court below against the defendant is too unreasonable.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, and the Criminal Act.

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