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(영문) 전주지방법원 2018.10.24 2018노1177
도로교통법위반(사고후미조치)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. In full view of all the circumstances, including the Defendant’s age, sex, environment, background of the crime, circumstance after the crime, etc., the lower court’s punishment seems to be too unreasonable, and thus, the Defendant’s assertion is reasonable, given that it appears that the Defendant’s punishment is too unreasonable, inasmuch as it is too unreasonable, inasmuch as it is deemed that the Defendant’s assertion is reasonable.

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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (in the absence of any measure after an accident), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (in the absence of a license) of the Road Traffic Act, and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment is aggregated with the long-term punishment of both crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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