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(영문) 대전지방법원 2014.01.16 2013노2492

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The above sentence of the court below by the prosecutor is too unhued and unreasonable.

2. We examine the grounds for appeal by the defendant and the prosecutor.

The facts favorable to the defendant are as follows: (a) the confession and reflect of each of the crimes in this case; (b) the agreement with the victims of traffic accidents; and (c) the suspension of qualification or more criminal records

On the other hand, the defendant, without obtaining a driver's license, has caused three traffic accidents while driving a motor vehicle every four months between two months. The two traffic accidents are caused by the driver's 0.137% of alcohol level and 0.178% of alcohol level. In addition, in the case of the remaining one traffic accidents, each of the crimes of this case, including the escape without any rescue measures for the injured victim under the circumstance that the drinking driving is suspected, is very heavy in light of the frequency of the crimes, the number of crimes, the number of victims, etc., and the defendant has been punished several times due to the same violation of the Road Traffic Act (unlicensed driving) in the past. In light of the same kind of crime and the influence of drinking driving, etc., it is highly probable that the defendant might repeat the crime in light of these kind of crime and the influence of drinking driving, etc., the defendant's assertion that the court below's punishment is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

However, as examined earlier, the appeal by the defendant is without merit, but the judgment of the court below is justified.