(영문) 울산지방법원 2017.01.06 2016노1972 | 리걸엔진

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(영문) 울산지방법원 2017.01.06 2016노1972

특정범죄가중처벌등에관한법률위반(도주차량)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The fact that the defendant is living in custody for about two months and is against his/her own mistake, and that the court below agreed smoothly with the victims of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (the measures not taken after the accident), and that the degree of injury of the victims is not serious, etc. are favorable to the defendant.

However, each of the crimes of this case committed a traffic accident while driving under the influence of alcohol content 0.207% without a license by the Defendant, causing two victims of a traffic accident, and damaging damaged vehicles. However, in light of the contents and risk of driving under the influence of alcohol and the behavior of committing the crime of escape without taking any measures, it is not good that the crime was committed in light of the contents and risk of driving under the influence of alcohol, and it has long been punished for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (EF) in the past, but there is a history of criminal punishment for other traffic-related crimes against the Defendant.

In full view of the above circumstances, such as the Defendant’s age, sex, environment, motive and circumstances leading to each of the instant crimes, and circumstances that are the conditions for the instant sentencing, as seen above, the lower court’s punishment is too heavy or unreasonable, and thus, it does not seem unfair as it is unreasonable to deem the Defendant and the Prosecutor’s improper assertion on the sentencing is acceptable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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