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(영문) 청주지방법원 2018.09.06 2018노591
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. A summary of the grounds for appeal by the defendant as to the grounds for appeal is that the court below's punishment (6 months of imprisonment) is too unreasonable.

On the other hand, the crime of this case was committed when the defendant driven a vehicle that is not covered by mandatory insurance without a driver's license and escaped without taking any measures, and thus, the nature of the crime and the circumstances of the crime are less likely to cause severe consequences. However, although the defendant led to the first offender to commit the crime of this case, he reflects his depth in the course of committing the crime of this case, the degree of injury of the victims caused by the accident of this case is relatively minor, and the victims are not punished by mutual agreement between the victims and the victims. Further, if the defendant escaped at the scene of the accident while leaving the vehicle at the scene of the accident, there was no additional traffic risks caused by vehicle congestion, and if all of the sentencing conditions indicated in the arguments of this case, such as the defendant's age, sexual behavior, intelligence, environment, etc., the punishment imposed by the court below is too excessive and unfair.

2. 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

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148, Article 54(1) of the Road Traffic Act (a) of the Road Traffic Act, Article 152 subparag. 1, Article 43 of the Road Traffic Act (a non-licensed driving), Article 46(2)2, and Article 8 of the Guarantee of Automobile Compensation Act.

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