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(영문) 대구지방법원 2020.12.11 2020노2201
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Examining the various sentencing conditions shown in the pleadings of this case, such as the circumstances favorable to and unfavorable to the defendant, such as the age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the court below is deemed unfair because it is too unreasonable. Thus, the defendant's assertion is justified.

Unfavorable circumstances: The defendant has a record of being punished three times due to drinking driving, and there is a record of being punished several times due to driving without a license.

The Defendant, while driving at a speed of at least 100 km per hour exceeding 100 km in a state of 0.155% alcohol concentration (hereinafter referred to as “speed of 80 km”) and giving rise to the traffic accident involving a vehicle in progress, is fluent by the charge.

The degree of injury of the victim F is not less severe, and the damaged vehicle was scrapped by a large-scale.

In addition, the defendant committed the crime of this case without being aware that he was under probation period due to the crime of injury.

The favorable circumstances shows the attitude of the defendant to reflect by recognizing his or her mistake.

It is recognized that the circumstance is recognized that the defendant, after drinking, has been driving a vehicle driven by a proxy driving engineer after driving the vehicle, due to a dispute with the proxy driving engineer, who stops the vehicle on the empty side of the road while the proxy driving engineer stops the vehicle on the road.

The accident vehicle of this case is covered by a comprehensive insurance, and victims do not want to be punished by the defendant in consultation with the victims.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[The reasons for the judgment of multiple times] Criminal facts and summary of evidence shall be the court.

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