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(영문) 의정부지방법원 2015.09.02 2015노1712
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.

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

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable;

2. The judgment of the defendant caused the accident of this case by the negligence of driving a motor vehicle in the state of alcohol (0.120% of blood alcohol concentration) and then escaped without providing relief to the victim. As a result, there was a need for a strict punishment for the defendant in light of the above defendant's blood alcohol concentration and crime result.

However, there is a need to refrain from committing such a crime again because the defendant's mistake is seriously against his/her will, the bereaved family members agree with his/her bereaved family members to repeat the sentencing of the defendant at the trial, the vehicle of the defendant is being covered by a comprehensive motor vehicle insurance, the defendant's vehicle is being covered by the comprehensive motor vehicle insurance, and the defendant's continued detention is not only caused by excessive economic difficulties for his/her dependants, but also caused excessive economic difficulties for his/her dependants if he/she is supported by his/her wife and his/her father's health, the head of the defendant and his/her mother's health are not good, and the defendant's wife and his/her wife and his/her children have no criminal power, and the defendant's wife and his/her children wanted to keep their wife against the defendant, and other various circumstances that form the conditions for sentencing specified in the records, such as the victim's age, environment, occupation, health status, circumstances of the crime, circumstances after the crime, and the basic sentencing guidelines established for the crime of violating the Act on the Aggravated Punishment, etc.

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