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(영문) 수원지방법원 2015.11.11 2015노3080
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the court below (two years of probation, forty hours of probation, 160 hours of order to attend school, 160 hours of order to provide community service in October) to the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that each of the instant crimes committed by the Defendant, while under the influence of alcohol 0.080%, runs away without taking necessary measures to cause a traffic accident that causes human and material damage while driving while under the influence of alcohol, and the nature of such crime is not good, the Defendant’s liability is not less appropriate. However, the Defendant’s confession and reflects each of the instant crimes, the degree of injury suffered by the traffic accident victims is relatively minor, the Defendant’s vehicle driven is covered by a comprehensive insurance, the vehicle driven by the Defendant is covered by a comprehensive insurance, and there was no other penalty power except for those punished once by a fine for the past type of crime, and all other circumstances, such as the Defendant’s age, character, conduct, environment, family relationship, circumstances leading to the crime, and circumstances after the crime, etc., the Defendant’s argument is reasonable and unreasonable.

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

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of escape after occupational injury), Articles 148 and 54 (1) of the Road Traffic Act;

1. Trade name;

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