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(영문) 부산지방법원 2018.10.19 2018노2828
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. The judgment of each of the instant crimes committed by the Defendant, while driving on the road at night while driving the road, did not take relief measures, etc. while injuring the victim. As such, the second traffic accident during the escape while drinking at night, resulting in multiple victims of bodily injury. Furthermore, the Defendant insulting the police officers dispatched to the police, and refused to measure drinking. As such, each of the instant crimes committed by the Defendant is disadvantageous to the Defendant, such as the following: (a) the form of the relevant crime is bad; (b) the criminal liability is heavy; (c) the Defendant had been already punished twice by a fine due to a violation of the Road Traffic Act (driving on drinking); and (d) the Defendant repeated

On the other hand, however, the fact that the defendant is recognized as committing a crime and is in profoundly against the victim's depth, the degree of injury of the victims is relatively not severe, the victims are not wanting to be punished against the defendant, the vehicle operated by the defendant is being covered by the comprehensive vehicle insurance, the vehicle is supported by the elderly parents and supported by the defendant's living together with the elderly parents, and the income of the defendant seems to be the only cause of income of this family, and the family members and branch members of the defendant seek the preference against the defendant.

The court below determined the punishment in consideration of all the above circumstances, and additionally presented a written application of the defendant's family seeking the Defendant's preference in the trial court, but this was already reflected in the sentencing hearing process of the court below, and there was no change in the conditions of sentencing compared with the court below since new sentencing materials have not been submitted.

In addition, the sentencing conditions of the court below, such as the defendant's criminal history, age, sex, environment, motive, means and consequence of the crime, etc., are the conditions of sentencing as shown in the court below's sentencing hearing process.

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