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(영문) 의정부지방법원 2018.07.24 2018노1395
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime and is against the law.

The defendant is a first offender with no record of criminal punishment, and the bereaved family of the victim has agreed to pay 50 million won to the victim.

This is the circumstances favorable to the defendant.

However, even though the defendant caused a traffic accident while driving alcohol and caused the death of the victim, leaving the scene without relief measures is not good.

Although the bereaved family members of the victim do not want the punishment of the defendant, the mental shock and suffering of the bereaved family members of the victim seems to be reasonable due to the death of the victim.

This is disadvantageous to the defendant.

The sentencing guidelines for the establishment of the sentencing committee of the Supreme Court and the sentencing guidelines are three to five years (special aggravated factors: driving of drinking, etc. after the death or death or death) that fall under the basic area among the three types of escape escape (special aggravated factors: special mitigation factors: punishment for driving, etc.): Provided, That there is no sentencing guidelines for the violation of the Road Traffic Act (unnecessary measures after the accident) with no sentencing guidelines, and the crime of violation of the Road Traffic Act (driving) are in a substantive concurrent relationship with the crime of violation of the Road Traffic Act, only the lower limit is applied;

In full view of various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime (a false statement to the effect that the Defendant was unaware of the fact that he was seriously injured at the early stage of the investigation), etc., and the sentencing conditions specified in the instant records and pleadings, the lower court’s punishment cannot be deemed unfair because it was too unreasonable.

The judgment of the court below sentenced two years and six months as the maximum statutory penalty which has already been mitigated.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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