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(영문) 부산지방법원 2016.06.09 2016노601
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The two-year imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. It is clear that the circumstances that the Defendant, while driving a vehicle at a speed of about 55 km/h with the alcohol level that is not less than 0.135% in blood, had a significant degree of negligence, such as shocking the victim who dried the crosswalk pursuant to the pedestrian signals, and even though the Defendant escaped without taking any measures to rescue the victim, the victim, who is the 20th male male, was suffered with a significant injury that is completely drinking, and the status of the victim has not yet been recovered, and the fact that the victim who did not agree with the victim, wanting to reduce the penalty of the Defendant, etc., should be considered as important in sentencing against the Defendant.

However, vehicles operated by the defendant are covered by a comprehensive insurance, and the defendant deposited KRW 10 million for the victim in the trial of the party, and the escape of the defendant after the occurrence of the accident should be criticized, but the traffic accident itself is occurred at around 12: the defendant's negligence and is not intentionally committed; the defendant's mistake is recognized and reflects; and there is no criminal history against the defendant, etc. should be taken into account in favor of the circumstances favorable to the defendant.

When considering the above circumstances and other circumstances such as the defendant's age, sexual conduct, career, motive for the crime, and circumstances after the crime, the punishment sentenced by the court below is too heavy.

The decision is judged.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as that of the corresponding part of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

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