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(영문) 서울남부지방법원 2016.08.26 2016노1151
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is deemed to be too unhued and unfair.

2. The fact that the Defendant could have been tried at the same time with the final and conclusive offense, the damage to the water accident caused by the liability insurance to which the Defendant subscribed was completed, the fact that 80,000 won was paid to the victim F of the large-person accident, and the fact that 1.5 million won was paid to F in the first instance trial is an element for sentencing favorable to the Defendant.

① However, the crime of this case was committed by the Defendant without a license for driving under the influence of alcohol and without a license. It is very poor that the nature of the crime was committed because the Defendant escaped without taking any rescue and relief measures despite the shock of pedestrians who have been parked in India. ② Driving under the influence of alcohol is a crime which may cause serious harm to the life and body of others, and requires a strict punishment for driving under the influence of alcohol. ③ The Defendant requires more strict measures in the event of an injury caused by such driving under the influence of alcohol. ③ The Defendant’s criminal history has reached ten times, and three times the previous driving under the influence of alcohol and two previous driving under the influence of alcohol, and three months have not passed since he was under the influence of driving under the influence of alcohol (0.230%) on September 20, 2015, and the investigation of the above driving under the influence of alcohol, and again causes a traffic accident by driving under the influence of alcohol, and ④ The Defendant may not be able to repeat the circumstances of his driving under the influence of tuberculosis, and the Defendant appears to have operated the vehicle under the circumstances of this case.

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