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(영문) 춘천지방법원 강릉지원 2019.01.17 2018노429
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

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 six months and two years of suspended execution) of the lower court is too unreasonable.

2. Even though the Defendant appears to have sufficiently known the occurrence of a traffic accident, it is not appropriate to commit the crime because he/she escaped without immediately stopping.

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 has no record of being punished for the same crime, and is suffering from brain color with old age, and is not good for health conditions.

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 and Article 268 of the Criminal Act concerning the crime committed;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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