특정범죄가중처벌등에관한법률위반(도주치사)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Summary of Grounds for Appeal
The punishment of the court below (four years of imprisonment) is too unreasonable.
2. The crime of this case committed by the defendant without a license or drinking.
The crime of causing the death of a victim who has been seated in a crosswalk is very bad because the victim runs away as it is, and the crime is committed.
The Defendant is highly likely to be subject to social criticism in that he/she had been subject to punishment twice so that he/she had been driving under drinking again while driving under the influence of this case.
On the other hand, the Defendant was driving in order to carry out a work that happens after drinking alcohol (hereinafter “nearing”). At the time of driving, the blood alcohol concentration at the time of driving was 0.058%.
The defendant who was punished for driving under influence before is in 2013 is somewhat at intervals with the crime of this case in 2013.
The victim, while under the influence of alcohol, was able to sit about five minutes on the crosswalk, and the accident of this case was caused by the accident of this case, the victim is deemed to have provided a considerable cause.
The accident of this case seems to have not been easy for the defendant to discover the victim who was seated in the crosswalk because at 05:00 in winter and occurred in the two-lanes from the rural community where there is no lighting. It seems that the degree of negligence of the defendant is weak.
In addition, the defendant did not stop because he was the victim and did not stop, and even in light of the circumstances of arrest after normal work, the defendant seems to have been aware of the accident in this case.
The bereaved family members of the victim have not been punished for the defendant by agreement with the defendant.
In the past, the defendant has recognized all of his crimes and shown an attitude against himself.
The age, character and conduct, environment, motive, means, result, circumstances after the crime, etc. of the defendant, including the above circumstances, are all the conditions and conditions of the sentencing shown in the argument in this case.