(영문) 대전지방법원 2020.01.09 2019노2846 | 리걸엔진

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(영문) 대전지방법원 2020.01.09 2019노2846

특정범죄가중처벌등에관한법률위반(도주치상)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The judgment of the court below is justifiable for the following reasons: while driving a motor vehicle under the influence of alcohol while driving the motor vehicle while driving the motor vehicle at the center and driving the motor vehicle in transit without taking necessary measures despite the shocking and damaging the motor vehicle parked on the opposite side while driving the motor vehicle, and without complying with the police's stop order even without complying with the order of the police, the victim was inflicted an injury by shocking the motor vehicle running at the center of the city and driving the motor vehicle while driving the motor vehicle at the center at the same time; then, the damaged motor vehicle was destroyed and resumed again; thereafter, the police officer was injured by shocking the patrol vehicle standing on the road to stop the motor vehicle; in light of the type of the crime; the crime is not very good; the defendant's drinking level is not low; the degree of injury suffered by the victims other than L is not less easily.

However, in full view of the circumstances that are favorable to the defendant, such as the defendant's timing for committing each of the crimes of this case and his mistake against the defendant, the vehicle driven by the defendant is covered by a comprehensive motor vehicle insurance, the victim H expressed his intention not to be punished by the defendant at an investigative agency, and the defendant has agreed with the victim J, L, M and the investigative agency. When the defendant was in the first instance, 60,000 won for the victim N, P and the defendant deposited each of the 600,000 won for the victim N, P, and the first offender who has no record of criminal punishment, etc., the court below's punishment is somewhat unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Accordingly, the defendant's appeal is justified.

유사 판례

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