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(영문) 창원지방법원 2016.08.11 2016노1201
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.

2. In addition to the circumstances following the crime, such as the fact that the Defendant was off the scene of the accident without taking any measure, such as aiding and abetting the injured party while driving the instant traffic accident while drinking alcohol, and thus, the Defendant exceeded the scene of the accident without taking any measure, such as aiding and abetting the injured party, there is no need to punish the Defendant.

On the other hand, the defendant makes a confession of and reflect on the facts of the crime late and later, the degree of injury of the victims is relatively minor, and the victim does not want to be punished against the defendant, and the victim submitted a written application to the purport that he seeks a preference against the defendant by agreement with the victims as well as the victim's purchase of automobile insurance separately, due to drinking driving in 2007, a fine of 1.5 million won and a fine of 1 million won due to driving in 2008 without a license for driving in 208, there is no criminal history, and it seems that the defendant had been living faithfully for about seven years before and after the last day. In light of the international skills, the defendant was given official commendation, such as M, N, etc., on behalf of the State representative and leader in the Olympic Games, and the victim was recommended as an O in relation to the Olympic Games in 2015, and the defendant has been subject to punishment for a traffic accident more than 1 year since his qualification certificate was changed in the public notice of the first two years.

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