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(영문) 창원지방법원 2014.01.23 2013노2113
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. The judgment of the defendant, despite the past history of punishment for the violation of the Road Traffic Act (five times a fine and one time a suspended sentence of imprisonment) and the violation of the Road Traffic Act (the act of driving without a license), has been repeated again. The defendant, while driving a motor vehicle without a driver's license, has escaped without any relief measures despite due to the negligence of neglecting the driver's license while driving the motor vehicle and driving the motor vehicle in the same direction as that of the motor vehicle of the defendant, and the defendant escaped without any rescue measures. This led to the death of the victim and resulting in the death of the victim, and the damage result is very serious, and it cannot be deemed that the traffic accident in this case was caused by the defendant's negligence and the victim cannot be deemed to have been negligent. In light of the above records of the defendant's power, it is difficult to expect the effect of preventing recidivism against the defendant. In the case of the traffic accident in this case, the comprehensive motor vehicle insurance for the motor vehicle of the defendant does not apply to the extent that the compensation insurance for the victim and the defendant did not reach an agreement.

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the defendant made efforts to reach an agreement with the victim's bereaved family, the defendant deposited KRW 10 million for the victim's bereaved family at the time of the trial, the defendant's location to support his family, and the defendant is a disabled person of Grade IV with visual disability, etc., the punishment imposed by the court below is somewhat unreasonable, since it is recognized that the punishment imposed by the court below is somewhat unreasonable, and the above argument by the defendant is reasonable.

3. Conclusion.

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