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(영문) 광주지방법원 2013.07.10 2013노597
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (five years of suspended execution for three years of imprisonment, community service, 400 hours of order for compliance driving, 40 hours of order for compliance driving) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The judgment of the Defendant, while under the influence of alcohol 0.148%, was driven in the vicinity of the two-lane crosswalks at a speed of about 90 km per hour while under the influence of alcohol 0.148%, was at a speed of about 60 km. The Defendant’s gross negligence caused the death of the victim of the 20th latter half by shocking the victim of the 20th latter half, and even though the Defendant’s left-hand part of the vehicle and the driver’s seat were considerably damaged, the Defendant escaped as they were.

On the other hand, the fact that the defendant was the first offender and the deceased victim's bereaved family member, the accident vehicle is subscribed to the comprehensive vehicle insurance, and the victim's bereaved family member received insurance money of KRW 220 million as the compensation for the accident, the victim's negligence on the crosswalk even though it is not a pedestrian signal, and the accident accident site has not yet passed after the escape, and the police officer clearly surrenders himself to the accident site and voluntarily surrenders to the police officer.

In addition, considering the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., and the sentencing conditions indicated in the instant records and arguments, it is deemed that the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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