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(영문) 청주지방법원 2016.09.09 2016노775
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are as follows.

In other words, the Defendant recognized all the crimes of this case and reflected the mistake.

Since the vehicle operated by the defendant was covered by a comprehensive motor vehicle insurance, insurance money of approximately KRW 124 million was paid to his/her bereaved family members, and the defendant deposited KRW 15 million for the victim's bereaved family members in the court below.

The Defendant is an initial offender who has no criminal history.

However, there are the following disadvantageous circumstances for the defendant.

The crime of this case was committed by the defendant's negligence by taking the victim walking around the road, and then the victim escaped and died. The act and the result are very heavy.

In particular, at the time of the instant accident, the Defendant stopped and confirmed the situation in which the victim gets out of her head, and even the victim’s friendly E, who was walking with the victim, said that “the victim gets out of the scene of the accident as soon as possible due to the same cause as the death of the person,” the Defendant left the scene of the accident without saying “the victim gets out of the scene of the accident”.

As such, the defendant escaped with the clear recognition of the possibility of death of the victim, and the behavior of the defendant against the life of the deceased person should be punished by strict punishment.

shall be deemed to have been.

From the same point of view, the bereaved family members of the victim also want to be punished by the defendant by refusing to receive the deposit money.

In full view of the above circumstances and the scope of the sentencing guidelines applicable to the instant crime, as well as other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the crime, etc., the sentence determined by the lower court is too unreasonable.

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