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(영문) 광주지방법원 2021.01.26 2020노2899
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months of imprisonment) is too unreasonable.

2. The judgment recognizes the Defendant’s crime of this case; the Defendant’s bereaved family members are not punished by the Defendant’s consent with the victim’s bereaved family members; the instant accident occurred while the victim passed along the bicycle on the first lane of the exclusive road for motor vehicles, even though the traffic of the bicycle is not allowed on the exclusive road for motor vehicles; the occurrence of the accident is not a large amount of negligence on the part of the victim; and the fact that the Defendant voluntarily surrendered to the investigative agency is more favorable.

On the other hand, in consideration of the fact that the statutory punishment for the drinking crime has been continuously aggravated due to the fact that the loss of the victim's life caused by the instant accident was extremely grave and impreciably unreparable, serious social harm caused by the driving of drinking, and changes in the legal sentiment of the general public, the crime of drinking driving is highly needed. The Defendant's blood alcohol level (0.095%) at the time of the instant accident, and the Defendant was high at the time of the instant accident, and the Defendant was driving at approximately 80 km/h road at a speed of restricted 80 km/h in the state of drinking while under restricted visibility due to the late night, and caused the instant accident. In light of the fact that the Defendant was aware of the fact immediately after the accident, in light of the fact that the Defendant was aware of the fact that the Defendant had been punished, but the Defendant did not immediately stop the vehicle and did not immediately stop the vehicle and did not take measures such as relief within the normal range.

There are no special circumstances or changes in circumstances that will be newly considered in this Court, and the age, sex, family relationship, circumstances of crimes.

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