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(영문) 대구지방법원 2016.11.17 2016노635

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts has a criminal intent to escape.

B. The lower court’s sentence of unreasonable sentencing (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, and 80 hours of community service order) is too uneased and unreasonable.

2. Determination:

A. The lower court acquitted the Defendant on the part of the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, among the facts charged in the instant case, while explaining the grounds for determination of mistake.

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence submitted by the prosecutor alone cannot be deemed to have been proven to the extent that there is no reasonable doubt as to the fact that the defendant had a criminal intent to flee without taking any measures after the accident of this case. Therefore, the court below did not err in matters of mistake of facts, such as the assertion by the prosecutor, in the judgment below that acquitted the defendant on the crime of violating the Act

B. As to the assertion on unreasonable sentencing, the Defendant violated the central line and caused the instant accident, and the blood alcohol concentration is 0.095% higher, and the Defendant has already been punished once due to drinking driving.

In addition, the defendant was driving without a license during the trial due to the accident of this case, and the name of another person is copied, and the crime is not very good.

However, the defendant recognizes the facts charged as guilty, and is contrary to the law, and the degree of injury of the victim due to the accident in this case is not severe, and the female does not want the punishment of the defendant upon agreement with the victim.

In addition, the defendant, by taking advantage of the name of another person, committed the crime of forging a private document or uttering of a private document, and 10 minutes thereafter, her own status was flicked to the police.

Other records, such as the age, character and conduct, environment, occupation, and circumstances after the crime of the accused.