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(영문) 수원지방법원 2017.01.13 2016노7641
특정범죄가중처벌등에관한법률위반(도주차량)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 above punishment for a 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 (eight months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have escaped from the scene without taking any measures to cause a traffic accident while driving under the influence of 0.195%, and the quality of such crime is bad. The defendant had a record of being punished once as a drinking driver even before the crime of this case, and there are other records of criminal punishment on several occasions. In light of the above, it is necessary to punish the defendant corresponding thereto.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes including the part denied by the lower court at the time when the Defendant was in the trial; (b) the Defendant had an opportunity to reflect on the victim’s life through confinement for more than two months; (c) the victim’s injury was not severe; and (d) the Defendant agreed to the extent of the victim’s injury at the time when the Defendant was in the trial; (b) the Defendant appears to have disposed of the vehicle operated after the instant crime; and (c) the Defendant’s age, sex, environment, family relationship, circumstances after the instant crime, etc., the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant and his defense for the foregoing unfair sentencing by the Defendant is justified.

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 reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) except for the addition of “1. Defendant’s trial testimony” to the summary of the evidence, all of the judgment below are identical to each corresponding column of the judgment below; (b) thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act.

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