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(영문) 서울북부지방법원 2017.04.18 2016노2469
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant, while making a high blood alcohol level of 0.147%, received from the injured vehicles that were stopped under the new subparagraph as they are, and received from the five victims, about 2 weeks to 4 weeks or days under the previous subparagraph, and received from about 5,154,150 won, or 1,562, or 134 won for repair, respectively, to 5,154, 150 won, or 1562, or 134 won, and escaped without immediately stopping and taking necessary measures, such as aiding the injured party. In light of the alcohol concentration of the Defendant’s blood, the background of the accident, the degree of damage to the victims, etc. at the time of the instant crime, the Defendant is bad.

Even in 2002, the defendant committed a crime similar to the crime of this case and has been sentenced to a suspended sentence of 2 years in October.

However, the Defendant recognized all of the crimes of this case and reflected his mistake.

As the vehicles of the defendant are covered by comprehensive insurance, the victims' damage seems to be considerably recovered.

In addition, the defendant does not want the punishment of the defendant by mutual agreement with the victim G, K, and E for the first time in the trial.

In addition, considering all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sexual conduct, background of the crime, and circumstances after the crime, the court below's punishment against the defendant is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is again ruled after pleading as follows.

[Grounds for a new judgment] The criminal facts and summary of evidence against the defendant recognized by the court are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;

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