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(영문) 울산지방법원 2013.07.12 2013노355
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.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. In light of the summary of the grounds for appeal in this case, the punishment imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The crime of this case committed each of the following facts: (a) the Defendant was committed with the center line under the influence of 0.174% of alcohol content, and the Defendant committed an injury requiring 16 weeks’ medical treatment, and escaped; (b) the Defendant was at fault and committed serious damage; and (c) the degree of damage was extremely poor; (d) however, the Defendant’s consent to the victim showed the Defendant’s wife against the Defendant; (b) the Defendant’s initial offender and did not commit a second offense; and (c) considering all the sentencing conditions, including the Defendant’s age, character, character, environment, motive and background of the crime, and circumstances after the crime, etc., the Defendant’s punishment imposed by the lower court is somewhat unreasonable. Therefore, the Defendant’s assertion is justified.

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

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (the crimes committed after the accident) shall be more severe;

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