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(영문) 서울북부지방법원 2016.01.06 2015노1885
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine the grounds for appeal by the Defendant and the Prosecutor.

The crime of this case committed by the negligence of driving a vehicle in violation of the signal while under the influence of alcohol, without taking necessary measures even though the victim suffered an injury in need of medical treatment for about six weeks by shocking the victim who driven the crosswalk pursuant to the pedestrian signals, and the crime of this case is not less severe, and the degree of occupational negligence and the degree of alcohol concentration are more severe, and the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, but the victim did not reach an agreement with the victim by the violation of the age limit special agreement even though he did not receive compensation under the said motor vehicle insurance.

On the other hand, however, the defendant led to confession of the crime of this case and reflects in depth, deposited KRW 2 million in the court below for the victim, deposited additional KRW 8 million in the court below for the victim, and made efforts to recover damage. The defendant has no record of the same crime, and there is no record of the crime except once a fine for this crime, and the defendant appears to have an opportunity to look at his own misconduct through confinement life for more than 2 months. The defendant was performed prior to the court below's sentence, but he was performed with fingers, etc. before the court below's sentence, but it was not good for the defendant to undergo a surgery due to aggravation of his state, and it was recognized that the family of the defendant is not suitable for economic situation as a basic living recipient. In full view of all the sentencing conditions of this case such as age, sex, environment, family relationship, the circumstance and result of the crime of this case, and the circumstances after the crime, etc., the court below's punishment against the defendant is too unreasonable.

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