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(영문) 수원지방법원 2018.03.28 2017노9233

특정범죄가중처벌등에관한법률위반(도주치사)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable for the following reasons: (a) the Defendant’s mistake is divided and reflected by his/her own mistake; (b) the Defendant’s failure to repeat the crime; (c) the victim was diagnosed with a disorder of the nature of boundary; and (d) the victim’s bereaved family does not want to punish the Defendant.

However, the Defendant escaped without any rescue and relief measures to cause the death of the victim due to a traffic accident while driving alcohol. The circumstances of the traffic accident in this case, the degree of damage, which is not good in light of the nature of the crime, assaults the police officer in response to a request for legitimate drinking measurement by the police officer, and thus requires strict punishment to enhance the national public authority, as to the act of obstructing the performance of official duties by the police officer in uniform, taking into account the circumstances already favorable to the Defendant at the court below, and there is no special circumstance or change to newly consider sentencing after the decision of the court below, and taking into account all the sentencing conditions of the instant case, such as the Defendant’s age, sexual behavior, environment, circumstance and consequence of the instant crime, and the circumstances after the crime, etc., it is not recognized that the court below’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s allegation of the above unfair sentencing is without merit

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.