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(영문) 대전지방법원 2015.09.10 2015노1717
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of imprisonment with prison labor for eight months and a suspended sentence) is too unreasonable.

2. The judgment driving is a criminal act with a high social risk that may cause serious damage, and there is a need to strictly punish such criminal act. The fact that the defendant escaped even after causing the victims of the instant accident, and that the defendant's blood alcohol concentration level of the instant case is not significant is disadvantageous.

However, it shows clear social ties, such as the fact that the defendant is against the truth-finding of the crime of this case, the fact that the defendant has reached an agreement with the victims, the defendant's academic friendship is expected to improve his character and behavior in the future, and considering various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc., the defendant's argument on unfair sentencing is reasonable, and therefore, the defendant's argument on unfair sentencing is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Aggravated Punishment, etc. of Specific Crimes for the Aggravated Punishment, etc. of Specific Crimes.

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