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(영문) 수원지방법원 2016.10.19 2016노4110
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. However, the defendant recognized and reflected the crime.

At the time of the occurrence of the accident, there is considerable negligence on the occurrence of the instant traffic accident even to the victim illegally crossing the road.

The defendant is an initial offender with no criminal power, and raises two young children.

The defendant deposited KRW 70 million for the victim's bereaved family members in the court below, and the defendant should pay KRW 150 million including the above deposit money to the victim's side, and the victim's bereaved family members do not want punishment any longer after cancelling the complaint against the defendant.

On the other hand, the crime of this case is a case where the defendant did not take relief measures immediately after having caused the victim to die of a traffic accident in the drinking state and the crime of this case is not serious and serious crime.

Furthermore, even though the maturity of the comprehensive motor vehicle insurance subscribed for, the defendant operates a vehicle consecutively without correcting it, even though the maturity of the comprehensive motor vehicle insurance has expired.

The accident of this case made it difficult to recover the damage of the victim.

The statutory penalty for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is imprisonment with prison labor for life or for not less than five years, and the lower court sentenced a maximum sentence within the applicable sentencing range by discretionary mitigation.

In each of the above circumstances, the defendant's age, character and conduct, environment, family relationship, motive and method of committing the crime, the circumstances after committing the crime, etc., all of the sentencing conditions that vary in the oral argument, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Commission / [Scope of the recommended punishment] type 3 [the range of the escape [the escape (the escape after death)] [the escape (2 years and 6 months to 4 years]] [the victim has a considerable negligence in the occurrence of traffic accidents or the expansion of damage.]

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