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(영문) 울산지방법원 2017.11.02 2017노1128
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below on the defendant (one year and two months of imprisonment) is too unreasonable.

2. Circumstances unfavorable to the reasoning of appeal: The instant crime is committed by the Defendant, who had been punished twice or more due to drinking driving, was under the influence of a relatively high level of driving while driving a vehicle while driving the vehicle, without stopping the vehicle while making a stop, and thus, the nature of the crime is not good.

The favorable circumstances: The court below denied the defendant's crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of violation of the rule) in the judgment of the court below, but the defendant seems to have been aware of the whole crime of this case including it in the first instance.

As the defendant agreed with the victim, the injured person does not want to punish the defendant.

The injury suffered by the victim is relatively easy.

The vehicles are covered by the comprehensive automobile insurance.

Criminal records are only four times of fine, and not more than 15 years of fine, and the most recent penalty is 4 million won, which was paid in 2012.

In the case of crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) and violation of Road Traffic Act as stated in the judgment of the court below, including the above unfavorable circumstances, favorable circumstances, the sentencing criteria are not applied in the ordinary concurrent relation, but the sentencing criteria are not set in the case of crimes of violation of Road Traffic Act (domination of drinking), as stated in the judgment of the court below.

In full view of the above, the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

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