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(영문) 부산지방법원 2014.12.12 2014노3499
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service imposed by the court below against the defendant is too unreasonable.

2. Each of the instant offenses is acknowledged that the Defendant, while driving a motor vehicle while under the influence of alcohol 0.127% of alcohol content in the blood alcohol, was found to have escaped without taking measures for rescue and relief as a result of having injured the victim’s cab while having been driven by the victim D and having caused the injury to the victim while not taking any traffic accident that damages the said taxi at the same time and having damaged the said taxi.

However, in full view of the following circumstances: (a) the Defendant recognized each of the crimes in this case and against his mistake; (b) agreed with the victim; (c) the first offender who had no record of criminal punishment prior to being committed; and (d) the mother suffering from the gratum cancer, etc. and the father of the fratum, etc. suffering from the fratum disorder; and (c) the Defendant’s age, environment, occupation, family relationship; (d) circumstances leading to each of the crimes in this case; (e) circumstances leading to each of the crimes in this case; and (e) circumstances leading to the sentencing

Therefore, the defendant's argument is justified.

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

Application of Statutes

1. The measures not taken after an accident under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act regarding criminal facts.

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