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(영문) 전주지방법원 2021.03.17 2020노1793
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The crime of this case requires heavy punishment for the crime of this case, where the defendant, while drinking alcohol and driving a vehicle without a license, caused a traffic accident by considerable shock, and the defendant escaped as it is.

However, in full view of all the circumstances indicated in the arguments and records of this case including the fact that the defendant paid damages to the victims of traffic accidents and agreed to do so for the first time, the sentence of the court below seems to be somewhat unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. 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 ruled again after pleading as follows.

【Inasmuch as the original judgment is identical to the facts constituting a crime and the summary of evidence recognized by the court, the summary of the facts constituting a crime and the summary of evidence is identical to the entries of each corresponding column of the original judgment, it shall be quoted in accordance with Article 369 of the Criminal

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the facts constituting the crime, 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 and Article 43 of the Road Traffic Act, Article 148-2 subparag. 1 and Article 44(1) of the Road Traffic Act (a) of the Road Traffic Act, Article 46(2)2 and the main sentence of Article 8 (a) of the Guarantee of Automobile Compensation Act (a point of driving a motor vehicle which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act ( also after-accidents), punishment and punishment prescribed for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( also referred to as the cryp) against the victims C with the largest penalty, and between the crimes of violation of the Road Traffic Act due to drinking and unlicensed driving.

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