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(영문) 서울중앙지방법원 2018.05.17 2018노79
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment below

The remainder except the dismissal of a request for adjudication on constitutionality of a law shall be reversed.

Defendant .

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The judgment of this case is that the defendant, who is a teacher of a private school, is driving a car while under the influence of alcohol and does not perform his/her duty to take measures to punish the victim while causing a traffic accident and avoid disadvantages to teachers' social position. In the process, the defendant, who is a teacher of a private school, escaped without performing his/her duty to take measures against the victim as a traffic accident offender. In the process, he/she was arrested by committing an act of committing an act of committing an act of committing an offense, thereby refusing to take a alcohol measurement even though he/she was investigated by the police station, and he/she was arrested by committing an act of forging his/her signature by stating the name of the student in the suspect interrogation protocol, and the crime is very poor, and the degree of the victim's injury is not less severe, and the defendant's past record of having been punished by a fine of 1.5 million won due to driving a drinking around April 2015 is disadvantageous to the defendant.

However, in full view of the following: (a) the Defendant recognized the facts of crime; (b) there is no history of punishment exceeding a fine; (c) the injured party does not want the punishment of the Defendant upon agreement with the injured party; (d) a private school teacher who is sentenced to imprisonment or a suspended execution in this case, is automatically retired pursuant to relevant laws, such as the Private School Act, and is unable to be appointed as a teacher for a certain period of time (which seems to have been already dismissed after the decision of the court below was made); (c) the Defendant appears to have been given an opportunity of reflect while living in the nearest period of five months as the instant case; and (d) other various sentencing conditions, such as the Defendant’s age, sexual behavior, environment, background of the crime, circumstances after the crime, etc., as indicated in the records and changes theory of this case, the sentence imposed by the court

3. If so, the defendant-appellant.

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