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(영문) 대구지방법원 2017.01.12 2016노3934
특정범죄가중처벌등에관한법률위반(도주차량)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 defendant asserts that the defendant's punishment of the court below (one year of imprisonment) with respect to the summary of the grounds for appeal is too unfasible, and the prosecutor is too unfased and unfair.

2. The alcohol content among the blood of this case was considerably high as 0.149%, and the victim H was significantly high due to the accident of this case, and the defendant was at the investigative agency to deny the criminal intent of the so-called so-called accident.

In addition, the defendant has been punished for driving under drinking only once.

On the other hand, the defendant is currently against the facts charged, and the victims and victims agree to the prosecution and they do not want the punishment of the defendant, and the vehicle operated by the defendant is also insured by the mutual aid association.

In addition, the degree of injury of the victim F is not severe, and the family members of the defendant want to take the defendant's wife against the defendant, and the defendant was detained for more than two months, and there was an opportunity to repent.

In addition, in full view of the circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, environment, sex, occupation, background leading to the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment is unreasonable.

3. As such, the Defendant’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading (inasmuch as the Defendant’s appeal is without merit, but the judgment of the court below is reversed by accepting the Defendant’s appeal, the prosecutor’s appeal shall not be dismissed in the order). The summary of facts constituting an offense and evidence acknowledged by the court is identical to those stated in the corresponding column of the judgment of the court below, and thus, they are cited pursuant to Article 369 of the Criminal Procedure

Application of Statutes

1. Article 148-2 subparag. 2 and Article 44 subparag. 1 of the Road Traffic Act (the point of drinking alcohol) on criminal facts; Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 5-3 subparag. 2 of the Criminal Act.

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