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(영문) 울산지방법원 2015.06.05 2015노247
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

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

However, for four years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The crime of this case on board was committed by the Defendant while driving a car while under the influence of alcohol and resulting in death without immediately stopping the victim and taking necessary measures, such as aiding the victim. The Defendant’s blood alcohol concentration at the time exceeds 0.123% and the Defendant’s negligence is very heavy, and the nature of the crime was extremely poor, resulting in the victim’s death. The Defendant appears to have suffered a large mental shock, due to the victim’s sudden death, it appears that the bereaved families of the victim appeared to have great difficulty in living in the future, and the Defendant’s liability for the crime is very heavy, considering the following: (a) the Defendant’s blood alcohol concentration at the time reaches 0.123%; and (b) the Defendant’s escape after the accident was committed; (c) the victim’s death was caused by a sudden death.

However, in light of the fact that at around 04:10 new walls, the negligence of the victim, who was sitting at the center of the road, was the cause of the accident of this case, even though the defendant escaped, he attempted to take out the victim who was living in the vehicle after driving a vehicle with about 400 meters, and did not control the witness when he reported to the police, the defendant's intention of escape seems to have been doluence. The defendant recognized all of the crimes of this case during the trial and was against the defendant's depth through detention life for about 6 months, and paid insurance money of KRW 142,78,070 to the victim's bereaved family members except for medical expenses, and the defendant deposited KRW 20 million to the victim's bereaved family members at the investigation stage, and the defendant additionally deposited KRW 15 million to deposit the victim's family members at the trial.

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