beta
수원지방법원 2014.12.08 2014노5586

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

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

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The Defendant is driving a vehicle under the influence of alcohol level of 0.110%.

Since the victim died due to the accident of this case, it is necessary to severely punish the defendant.

However, in full view of all the sentencing conditions stated in the records and arguments of this case, including the defendant's age, character and conduct, environment, motive of the crime, circumstance before and after the crime, etc., the court below's punishment is unreasonable, considering that the defendant is detained for a considerable period of time, his mistake is against the defendant's depth, that there is no criminal record, that there is no criminal record, that the victim's bereaved family members are not subject to punishment of the defendant, that the victim's bereaved family members are covered by comprehensive automobile insurance, that the defendant's vehicle is covered by comprehensive automobile insurance

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (limited to the sum of the long-term punishments of the above two crimes) is concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment;

1. Article 53 of the Criminal Act for discretionary mitigation.