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(영문) 창원지방법원 2016.09.29 2016노1981
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

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

2. One-string of the board. The crime of this case was committed by the defendant while driving a vehicle while driving the vehicle at a very high alcohol level of 0.166% in blood, and the defendant shocked the victim E while driving the vehicle at the crosswalk and continued to meet one-lane, and caused personal damage (victim E: 3 weeks in the fore of the victim, Victim F: 3 weeks in the fore of the victim) to the victim's vehicle during the signal waiting at the first-lane, and without taking measures such as aiding the victim's rescue, it is not necessary to punish each of the above victims before and after driving the vehicle at the scene of the accident. In light of the fact that each of the crimes of this case was committed by the victim H who observed the above traffic accident while walking, and caused the above victim's bodily injury due to the victim's negligence while driving the vehicle during the escape, and thus, the crime was very poor, and there is no need to punish each of the above victims by a fine of 1 million won for drinking driving in 2000, and refusal of drinking.

However, the following facts are revealed: (a) the defendant led to the confession of facts constituting an offense; (b) the victim's injury is relatively excessive; (c) the victim's injury is covered by a comprehensive motor vehicle insurance; (d) the victims do not want to be punished against the defendant; (b) the victims do not have any criminal record more than the suspension of execution; (c) the defendant was punished for a fine of 1 million won due to driving without a license in 2002; and (d) his family relationship and social relationship seems to be relatively publicly announced. Further, the circumstances favorable to the defendant should be taken into consideration, such as the defendant's age, environment, sex, motive for the crime; and (d) the circumstances before and after the crime.

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