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(영문) 서울동부지방법원 2016.02.17 2015노1627
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (unfair sentencing) (2 years and six months) is too unreasonable.

B. The lower court’s sentence against the Defendant is too unfasible.

2. The instant crime committed in violation of the signal at a level of 0.153%, resulting in the death of the victim, while driving the vehicle in violation of the signal, resulting in the collision of the victim, leading the victim who was in the lower part of the vehicle, and leading the victim to the death of the victim, and then driving the vehicle on the passenger.

It is recognized that it attempted to avoid liability by making false statements, and that the nature of the crime is very poor, and that there is a record of the crime that has been sentenced once the suspension of execution for the same crime.

However, considering the following: (a) the Defendant committed a crime against the wrongness while committing the crime; (b) the victim’s bereaved family members and the Defendant’s driver’s vehicle was fully agreed with; (c) the Defendant’s vehicle is covered by a comprehensive insurance; (d) the Defendant’s vehicle has no criminal history sentenced to imprisonment with prison labor; (d) the social relationship is relatively clear; (e) the change of the sentence of the lower court was not presented in the trial; and (e) other various matters that are conditions for sentencing, such as the Defendant’s career, family relationship, environment, etc., the lower court’s punishment is determined within the scope of appropriate sentence corresponding to its liability; and (e) the sentence is too heavy

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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