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(영문) 청주지방법원 2013.10.17 2013노476
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment of the court below has given unfavorable circumstances to the defendant, such as the fact that the crime of this case committed while driving without a driver's license did not take measures such as providing relief to victims immediately, and that the crime is not good. However, while the vehicle driven by the defendant was covered by liability insurance and some compensation for physical damage suffered by the victim I and G appears to have been made, the degree of injury suffered by the victim F, D, M, and N is relatively minor, and the defendant does not want the punishment of the above victims under the agreement with the above victims. The defendant was a foreign worker without any criminal history even though the period of sojourn was expired because the defendant was turned into a foreign worker without permission, causing a serious traffic accident in the status of the illegal aliens, the defendant left the scene of this case without permission, and there are other circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, the method and consequence of the crime, and circumstances after the crime, the defendant's assertion that the sentencing of the court below is unjustifiable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts constituting the crime and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Act.

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