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(영문) 대전지방법원 2014.09.18 2014노1770
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The sentence imposed by the court below (six months of imprisonment) shall be excessively unreasonable.

2. The judgment of the court below is not against the nature of the crime that the defendant was driving while driving a motor vehicle while under the influence of the defendant, caused an accident while driving the central line and leaving the accident site without any relief measures, but the defendant agreed with the victim F after the judgment of the court of first instance. The amount of physical damage caused by an accident is compensated by agreement with the victim F. The victim D was faced by the accident while driving the motor vehicle on the left side of the motor vehicle across the driver's seat. The victim D was negligent in certain part of the occurrence of the injury. The victims' injury is relatively minor and the victim seems to have been relatively minor and the defendant seems to have been given an opportunity of reflectness during the life of several months. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, before and after the crime, and the circumstances before and after the crime, and thus, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the entries in each corresponding column of the judgment below. Thus, all of them 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 as to the crime and Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the escape after the death or injury caused by business negligence), and Articles 148 and 54 (1) of the Road Traffic Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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