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(영문) 대구지방법원 2014.10.16 2014노2763
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (four years of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The Defendant, while driving under the influence of alcohol level of 0.178%, did not immediately stop and stop a traffic accident that causes the victims to shock, and does not take measures such as aiding and abetting the victims, and thus, runs away and is very serious to the Defendant’s negligence and crime.

Due to this accident, the victim F dies, and the victim E is very weak to suffer damage from an injury, such as cutting the frameworks of the light bed part of the light bed for about 12 weeks of treatment. Therefore, strict punishment corresponding thereto is inevitable.

However, the defendant has no record of being punished for the same kind of case, and recognizes the crime of this case and is against his depth.

In addition to the defendant's vehicles are covered by comprehensive insurance, the victim F's bereaved families and victims E agreed in the trial, and the father of the deceased victim F wanted to be the defendant's wife.

In addition, in full view of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 268 of the Criminal Act.

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