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(영문) 대전지방법원 2014.02.05 2013노2238
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. In light of all the circumstances, including the fact that the Defendant is against the Defendant and the Defendant’s driver’s vehicle is purchasing a comprehensive automobile insurance policy, the imprisonment (three years and six months of imprisonment) sentenced by the lower court is too unreasonable.

B. In light of all the circumstances, including the fact that the defendant, while driving a crosswalk while under the influence of alcohol, died by shocking the victim who dried the crosswalk and did not take relief measures, and the nature of the crime is poor, the punishment (old: 5 years of imprisonment) sentenced by the court below is too unreasonable.

2. The crime of this case, while under the influence of alcohol 0.193%, is committed by the Defendant, without properly checking whether there is a pedestrian crossing crossing at the crosswalk while driving the vehicle while driving the vehicle with a alcohol alcohol level, and without checking whether there is a pedestrian crossing at the crosswalk, and by negligence, without checking whether there is a pedestrian crossinging the crosswalk, the victim D (17 years old) crossinging the crosswalk to the right side of the direction of the Defendant’s driving vehicle, resulting in the serious result of death, and leaving the crosswalk without taking any relief measures. The Defendant’s shocking of the pedestrian crossing at the crosswalk is heavy to the degree of negligence because it violates the basic traffic order, which is a duty of pedestrian protection, and the degree of negligence is excessive. In light of the fact that the act of immediately walking without checking the situation of the victim, etc. is highly liable to punish the Defendant.

However, the defendant's time to commit the crime of this case and is in depth divided, the victim's bereaved family and the victim's bereaved family and the victim's bereaved family do not want the punishment of the defendant, and the vehicle of the defendant is the vehicle.

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