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(영문) 대전지방법원 2020.03.24 2019노3176
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All the judgment below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The victim E does not constitute a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) since there was no fact that the victim E suffered an injury due to the instant traffic accident (the fact-finding, misunderstanding of legal principles, and unfair sentencing) (2) Defendant did not inflict an injury on the victim K

(3) Even if the defendant's act is found guilty, the sentencing of the court below (Article 1: 8 months of imprisonment: 200,000 won: fine 5 million won): (b) the sentencing of the court below of the second instance on March 2, 200 is too unreasonable and unfair. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor. The first instance court's judgment against the defendant was pronounced respectively, and the second instance court filed an appeal against the second court's judgment, and the second court decided to jointly examine each appeal case. The first and second crimes against the defendant are concurrent crimes as provided in the former part of Article 37 of the Criminal Act, and the first and second crimes against the defendant are concurrent crimes as provided in Article 38(1) of the Criminal Act. Accordingly, the court below's judgment of the court below cannot be maintained as it is, and the second and second crimes are reversed by the court below's judgment on March 1 and 2, 200, and the second and subsequent reasons for appeal [20.].

1. Violation of the Road Traffic Act (AF) is a person who is engaged in driving a Brane car;

The defendant.

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