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(영문) 춘천지방법원 강릉지원 2015.12.17 2015노468
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant recognized the instant crime and reflects the fact that the Defendant voluntarily surrendered, that the Defendant agreed with the bereaved family members of the victim, that the Defendant was the primary offender, and that it was difficult to easily discover the victim because the area around the instant accident site was very high at the time, etc. are considered to be favorable to the sentencing.

However, in full view of the aforementioned favorable circumstances, even if the defendant was under the influence of alcohol and escaped without providing relief to the victim, which resulted from the very serious result of the victim's death, the defendant's blood alcohol level at the time is higher than 0.10%, and the motive, background, means and result of the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character and behavior, environment, and other records and arguments, the scope of sentencing guidelines on the sentencing guidelines shall be limited to the extent of sentencing [one year to three years from imprisonment: traffic crimes, traffic accidents, escape after the traffic accidents, Type 3, special mitigation (where the victim was at considerable negligence for the occurrence or expansion of traffic accidents, the number of self-denunciation, the amount of punishment, and the aggravated factors, the illegality of the proviso of Article 3 (2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents shall be considered). Thus, it cannot be deemed unjust to avoid the punishment of the court below.

Defendant’s assertion is not accepted.

(However) However, the lower court omitted the scope of recommending punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (in applying the sentencing guidelines for the crime of a Do driving vehicle), even though it applied the recommended range to “special mitigation area” as “special mitigation area” and omitted the scope of recommending punishment for “one year and three months to four years” as the special mitigation area.

However, this shall be applicable.

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