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(영문) 대전지방법원 2013.11.07 2013노1913
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (one year of imprisonment) is too unreasonable.

Judgment

In light of the developments leading up to the occurrence of each traffic accident in this case and the second traffic accident after the occurrence of the traffic accident, the defendant escaped without fulfilling the duty of relief, the fact that the crime was not light, the fact that there were several penalties for the same crime of violation of the Road Traffic Act, the fact that each of the crimes in this case was committed during the repeated crime period, etc., but the defendant was found to have committed each of the crimes in this case. Meanwhile, at the time of the trial, the defendant led to an agreement with the victim D, and the victim I and G deposited 1 million won each for the victim I and G, and the other sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime are considered to be somewhat inappropriate. Thus, the defendant's argument is reasonable.

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 based on its reasoning, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by this court and the summary of the evidence are as follows: (a) except where the "1. part of the defendant's court statement" in the summary of the evidence written in the original judgment is used as "1. The defendant's court statement", and thus, it is identical to each corresponding column of the original judgment, and thus, it is acceptable in accordance with Article

Application of Statutes

1. Article 3(1) of the relevant Act on Criminal Facts, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 46(2) and Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012), and the Act on the Aggravated Punishment, etc. of Specific Crimes.

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