(영문) 전주지방법원 2014.03.21 2013노1110 | 리걸엔진

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텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2014.03.21 2013노1110

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for the period of four years from the date this judgment became final.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The instant crime committed by the Defendant, while under the influence of alcohol content 0.081%, was committed by driving a vehicle not covered by mandatory insurance without taking necessary measures despite shocking the victim, thereby causing the death of the victim, and thereby causing the death of the victim. The Defendant did not reach an agreement with the bereaved family members other thanO by the date of the sentencing of the sentence.

However, the defendant recognized the crime of this case and made a serious effort to reach an agreement with the bereaved family members of the victim. The mother and friendly son of the defendant made an agreement in the trial. At the original trial, the defendant deposited 20,000,000 won for the bereaved family members of the victim and deposited 4,500,000 won for the purpose of P, Q, and R, which are the bereaved family members of the victim, and deposited 33,50,000 won for the recovery of damage; 40,989,260 won for the victim's bereaved family members, excluding the amount appropriated for medical treatment expenses; the defendant's negligence caused the accident of this case; the defendant, who was the first offender, was the defendant's age, personality and behavior, and other circumstances; and the sentencing of this case is determined to be unfair.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below.

참조조문

-형사소송법 제364조 제6항

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