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(영문) 수원지방법원 2017.02.10 2016노7749
도로교통법위반(사고후미조치)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 decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant has the record of being punished for the same crime even before the crime of this case was committed, and in particular, it is necessary to punish the defendant corresponding to the crime of this case in that the defendant committed the crime of this case without being aware of the fact that he was sentenced to a two-year suspended sentence in August of imprisonment with prison labor, even though he was sentenced to a two-year suspended sentence for the crime of violation of the Act on the Aggravated Punishment, etc.

However, in full view of various circumstances, including the defendant's age, sex, environment, family relationship, etc., the sentence imposed by the court below is somewhat unreasonable, and thus, the defendant and his defense counsel's allegation of the above unfair sentencing is justified, since the defendant's punishment imposed by the court below is recognized to be somewhat unreasonable, in light of the following circumstances: (a) the defendant has an opportunity to reflect the defendant's life through detention for not less than three months after being detained in court at the time of sentencing; and (b) the defendant's main figures wished to have the defendant's wife; and (c) the defendant's age, sex, environment, family relationship, and circumstances after committing the crime.

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 reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions, Articles 148, 54(1) (a) of the Road Traffic Act (a point of non-measures after an accident), Articles 148-2(1)2 and 44(2) of the Road Traffic Act concerning facts constituting an offense, the choice of fines;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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