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(영문) 창원지방법원 2015.04.23 2015노231
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant caused a traffic accident that causes the victim's shock while driving under the influence of 0.149% and thereby caused the victim's injury requiring medical treatment for 10 weeks, and the case is not weak as a result of escape. Although it is acknowledged that the victim did not agree with the victim, it is recognized that the crime was committed in the first instance but is against his mistake; the defendant paid insurance money to the victim from the insurance company to which the defendant was a party; the defendant paid insurance money amounting to 65,574,340 won; and all kinds of sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and conduct, circumstances after the crime, etc., are considered to be improper.

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.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted 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 (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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