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(영문) 대구지방법원 2015.01.22 2014노4274

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The Defendant was punished as a crime of violation of the Road Traffic Act in 2009, and was sentenced to imprisonment for eight months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) around April 2010, and committed again the instant crime.

The Defendant, while driving under the influence of alcohol level 0.113%, was breath and did not properly breath the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the b

Nevertheless, it is inevitable to sentence the Defendant on the ground that the Defendant escaped as it was, and that the Defendant did not find out that the Victim B was written out from time to time, causing a harsh accident that affected the victim, and that the result is very serious due to the death of the victim, so it is inevitable to sentence the Defendant to the punishment.

The defendant was driving 125 cc otoba which was not covered by mandatory insurance without a license for a motorcycle but caused the accident of this case.

However, the defendant recognized the mistake of the crime of this case and reflects the depth, and the accident of this case occurred when the victim crosses the road on the three-lane road, and it is considered in the circumstances.

In the court below, the defendant agreed with the bereaved family of the victim and the bereaved family of the bereaved family of the defendant is the wife of the defendant.

Social attention is clear, such as the support of wife, mother, and four-month sons, and the support of the dong residents.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the records and arguments of this case, the punishment sentenced by the court below is somewhat inappropriate.

3. Conclusion.