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(영문) 광주지방법원 2016.11.30 2016노1396
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of KRW 10 million.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of suspended sentence for eight months of imprisonment, eight hours of community service order, and 40 hours of order to attend a law-abiding driving lecture) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination of the instant crime is an unfavorable circumstance where the Defendant, who was driven under the influence of alcohol, did not take any measures to cause a fluorial drilling incident but escaped, and the nature of the crime is not good, and the Defendant was sentenced to a fine even in the past 2013, and the Defendant had a record of being sentenced to a fine due to a drunk driving.

On the other hand, it is more favorable for the defendant to recognize and reflect his mistake properly, the defendant has no specific criminal records except the above fine, the victim's injury is not severe, and the above victim was not punished by agreement with the victim G, and the motor vehicle operated by the defendant is covered by the comprehensive insurance policy.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, and other factors of sentencing as indicated in the instant argument, such as the fact that the Defendant was at the present time at the workplace where imprisonment without prison labor or heavier punishment becomes final and conclusive due to the instant crime, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered after pleading.

(A) If an appeal filed by a prosecutor is filed by the defendant, the appeal filed by a prosecutor shall not be dismissed separately). (A prosecutor shall not separately dismiss the appeal filed by the defendant) The summary of facts constituting an offense and evidence recognized by the court shall be as stated in the corresponding column

(Article 369 of Criminal Procedure Act).

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