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(영문) 대구지방법원 2019.04.26 2019노965
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. It is recognized that the crime of this case is not harmful to the nature of the crime of this case, such as: (a) the defendant was sentenced one time before and after having been sentenced to imprisonment for driving without a license; (b) the defendant was subject to juvenile protective disposition due to other traffic-related crimes; (c) the defendant committed the crime of this case during the period of repeated crime due to perjury, etc.; (d) driving a vehicle not covered by a comprehensive insurance under the status of being issued with a driver’s license for motor vehicle practice; and

However, it is also recognized that the Defendant’s recognition of all of the instant crimes and reflects against the Defendant, the fact that each agreement was reached with the victim C, G, and N corporation, the Defendant appears to have grown in an unsound environment, the Defendant’s age is 21 years old, the personal and material damage amount caused by the instant crimes is relatively small, and the Defendant’s friendship and the Defendant’s mother wanted to have his wife against the Defendant.

In addition, considering the various circumstances such as the character, character, environment, family relations, motive, background, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered 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 of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The accident under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act regarding criminal facts.

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