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(영문) 대구지방법원 2013.03.28 2012노4131
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence imposed by the court below (one year and three months of imprisonment) is too unreasonable.

2. Even though the Defendant had been punished twice due to drinking driving, the Defendant committed each of the instant crimes at the same time. At the time of each of the instant crimes, the Defendant’s blood alcohol concentration was considerably high by 0.143% and 0.125%.

It is not good that the defendant was found that he was a designated recipient at the scene of the crime described in paragraph (3) and was arrested, because he was found to be a designated recipient at the scene of the crime in paragraph (3) and was found to have committed a second shock of the above taxi that led to the defendant, and was investigated by the police after he committed the crime.

In addition, the defendant vehicle is not mandatory insurance, and the victim is punished by the defendant because the victim failed to agree with the victim D.

However, the degree of personal and material damage caused by each accident of this case is relatively large, and the victim F was agreed with.

The defendant is in depth divided into each of the crimes in this case, and the defendant's wife, who has a defect of hearing due to the absence of the defendant, suffers from difficulties in his livelihood, and considering all of the sentencing conditions shown in the records and arguments in this case, the punishment sentenced by the court below is somewhat unreasonable.

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 and evidence recognized by the court is identical to the facts and the summary of the evidence as stated in each corresponding column of the judgment of the court below.

Application of Statutes

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 148 of the Road Traffic Act concerning criminal facts.

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