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(영문) 광주지방법원 2014.12.10 2014노2469
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The Defendant’s crime of this case is a favorable situation in light of the following circumstances: (a) the Defendant’s act of operating a large-sized vehicle without any transfer of ownership without mandatory insurance without obtaining any transfer of ownership is deemed to have escaped without any rescue and relief measures; (b) on the other hand, the Defendant’s mistake was recognized by him; (c) there was no previous conviction exceeding the fine for the last ten years; (d) the degree of injury to the victim of the traffic accident is minor and the agreement with the said victim is minor; and (e) the circumstance leading up to the purchase of the large-sized vehicle is somewhat minor; and (e) the Defendant is a person with a disability of class 4 and is a basic livelihood recipient; and (g) taking into account all the various sentencing conditions as indicated in the argument of this case, such as the circumstance of the crime of this case, circumstances after the crime, Defendant’s age, character and conduct, environment, etc., the Defendant’s allegation is deemed to be unreasonable,

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

Criminal facts

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

Application of Statutes

1. As to the crime, Article 81 subparagraph 2 of the Automobile Management Act, Article 12 (1) of the Automobile Management Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, is applicable to the escape from occupational negligence.

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