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(영문) 대구지방법원 2015.01.08 2014노4343
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment is the primary criminal defendant, and is in depth against the mistake of the crime.

In light of the fact that the Defendant escaped about 1km at the scene of the instant accident, but returned to the investigation agency and reported the instant crime, some of the circumstances such as the details of the crime and the circumstances after the crime can be considered.

Defendant

The vehicles are covered by comprehensive insurance, and the defendant deposited a total of 5 million won for the bereaved family members of the victim F in the trial.

Defendant was also the head of the instant accident, did not have good health, and seems to have supported the birth of a woman with a mental disorder with a mother and a mental disorder.

However, the crime of this case committed by the defendant's negligence of neglecting the duty of care at the front of the defendant's vehicle while driving one ton of cargo, thereby damaging the victim's F driver's c,785,00 won, which was in progress on the front of the defendant's vehicle, thereby damaging the c,785,00 won of the c, and at the same time destroying the victim's G on board the c, which was on board the c,785,00 won, without taking any measures to inflict about two weeks of the necessary injury, and committing the crime of causing the death of the victim F, who is the driver of the c, the c,

Until the trial of the case, it was impossible to agree with the bereaved family members of the victim F who died, and the bereaved family members want to punish the defendant.

Of the instant crimes, the Act on the Aggravated Punishment, etc. of Specific Crimes provides that the crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes shall be punished by imprisonment for life or for a limited term of not less than five years. The lower court selected a limited term of imprisonment in consideration of the circumstances favorable to the Defendant, such as the background of the instant crimes and the circumstances in which the Defendant voluntarily surrendered to investigative agencies, and determined the following

In addition, the sentencing conditions shown in the records and arguments of this case, such as the age, character, conduct and environment of the defendant, shall be examined.

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