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(영문) 부산지방법원 2015.07.10 2015노1372
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. The summary of the grounds for appeal is unfair because the punishment of one and half years of imprisonment with prison labor sentenced by the court below against the defendant is too unreasonable.

2. The Defendant, while driving a vehicle not covered by mandatory insurance at a 0.151% level with alcohol alcohol content, escaped after stopping the central line without taking relief measures, etc. even though the Defendant destroyed the vehicle and damaged the vehicle, he/she immediately stops the vehicle and went to the central line as it was. While flying, he/she was faced with other damaged vehicles standing in the order of multiple signal signals, resulting in injury to the driver and his/her passengers, and the case is not easy. The Defendant, like the Defendant’s statement at the investigation stage, seems to drive a vehicle while driving the vehicle under such influence to the extent that it is difficult for him/her to properly memory the situation at the time. In this case, the circumstances such as the Defendant’s statement at the investigation stage, which led to considerable harm to the life and body of others, and that there is a high possibility that he/she may not be any injury on the part of his/her own as well as on the part of others.

However, the defendant recognized each of the crimes in this case and made efforts to recover damage by depositing KRW 4,513,840, 166 for the victim C, 1,400 for the victim I, and 1,40,000 for the victim I. The victim's injury cannot be deemed to be very significant to 2 weeks or 3 weeks, the defendant had no record of being punished for driving under the influence of alcohol before, and the defendant agreed with 2 of the victim in the court below. Since then, the victim J, L and M respectively, and 10,000 won for the victim J, L and M, and 1,887,166 won for the victim C, and 1,40,000 won for the victim I.

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