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(영문) 울산지방법원 2019.01.24 2018노1096
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The crime of this case in determining the grounds for appeal is an unfavorable circumstance to the defendant, where the defendant committed the crime of this case without taking relief measures, etc., even though he caused a traffic accident while driving a drunk, and the crime of this case was committed during the period of repeated crime due to the crime of this kind, and the fact that he had been punished three times due to drunk driving and driving without obtaining a license, etc.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, was committed in depth, and is going to not drive under drinking, the fact that the court below sent time of reflectiveness through confinement for three months after the statutory detention at the court below, the vehicle of this case is covered by a comprehensive insurance, and it seems that the damage of the victim was compensated through such comprehensive insurance, and the victim was paid KRW 1 million additionally to the victim at the time of the trial, and the victim was not wanting to be punished for the defendant, and the injury suffered by the victim was not severe due to traffic accident.

In addition, considering the defendant's age, character and conduct, intelligence, environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions indicated in the records, the sentence imposed by the court below is too unreasonable. Thus, the defendant's ground for appeal is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the gist of evidence is identical to the facts in each corresponding column of the judgment of the court below.

Application of Statutes

1. Criminal facts;

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