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(영문) 춘천지방법원 강릉지원 2019.02.14 2018노417
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months, suspended execution for two years, and 40 hours during the compliance driving course) of the lower court is too unreasonable.

2. The judgment below is not the case where the defendant, while driving a drunk, caused a traffic accident in violation of the signal and the occurrence of a traffic accident is deemed to have been sufficiently aware of the occurrence of the traffic accident due to the small degree of the accident, but the crime is not good due to the escape without stopping.

At the time of the accident of this case, the driver of the damaged vehicle was in a very large risk of the secondary accident by immediately tracking the defendant's vehicle.

However, the defendants recognize all of their crimes and oppose themselves.

The degree of damage caused by the instant crime seems to be relatively minor, and the Defendant did not want the punishment of the Defendant by mutual consent between the victims and the victims in the original trial.

The Defendant is an initial offender who has no criminal record.

In addition, taking into account the various circumstances that form the conditions of sentencing as shown in the records, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, it is recognized that the sentence of the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is cited 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, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 3 and 44 of the Road Traffic Act concerning criminal facts.

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