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(영문) 의정부지방법원 2016.10.04 2016노2133
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, 2 years of suspended execution, 40 hours of compliance driving, 120 hours of community service) of the lower court is too uneased and unreasonable.

2. Determination

A. It is recognized that the Defendant led to the confession of and against the instant crime, the primary offender, and the agreement with the victim E and D at the lower court.

B. However, the Defendant, while driving a vehicle in the state of 0.112% alcohol concentration in the blood alcohol concentration, went away without relief from victims even though the Defendant had caused a traffic accident, and the Defendant shocked several victims who prevented the Defendant from escaping into a vehicle, was driving a vehicle, driving the vehicle, driving the vehicle, driving the vehicle, and driving the vehicle, failing all traffic regulations, such as signal violations, central intrusion, etc., and continuing escape is not very good, and the quality of the crime is not good, and driving under the influence of alcohol brings about a danger to the life and body of others as well as the driver, and thus, there is a need to strictly punish it, and there is no agreement with the victim H, and other various circumstances that are conditions attached to the argument in the instant case, such as the Defendant’s age, environment, and circumstances after the crime, etc., it is determined that the sentence of the lower court is unreasonable.

C. Therefore, the prosecutor's above assertion is with merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. After an accident provided for in Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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