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(영문) 창원지방법원 2014.02.06 2013노1917

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case was committed by the defendant while driving a motor vehicle, and the defendant got bicycles from the victim C (hereinafter "victim") who had been engaged in occupational negligence prior to the front-time care, and went away without taking necessary measures, such as providing relief to the victim, etc., even though he/she was unable to immediately stop the vehicle and immediately stop the vehicle, and without taking necessary measures, such as aiding and abetting the victim. The crime of this case was committed by the victim due to the traffic accident of this case, but the defendant did not reach an agreement with the victim until this court even though he/she had considerable aftermathal disorder, such as thirical injury, and thirical loss, etc., due to the occurrence of the traffic accident of this case. The date and time of the crime of this case was committed on May 24, 2013. The date and time of arrest from the 8th floor or the date and time of arrest from the I building, and the defendant appears to have reached 20% of alcohol or alcohol level of the defendant's photograph at the time of the crime of this case.

However, the defendant confessions the crime of this case, the bicycle rider must pass along close to the right edge of the road (Article 13-2 (2) of the Road Traffic Act). The victim is negligent in driving a bicycle according to one lane of two lanes at night, the motor vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, the defendant is the first offender with no criminal history, and the defendant is the defendant.