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(영문) 대전지방법원 2015.04.30 2015노530
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (one year of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance where the non-licensed defendant driving a vehicle while under the influence of 0.183% alcohol level in blood, resulting in a traffic accident by breaking the central line, resulting in an injury to the victims, and at the same time the damaged vehicle was destroyed and escaped, and the liability for the crime of this case is not less than three months, and the crime of this case was committed only three months after being sentenced to a fine for the same kind of crime.

However, the court below's final sentencing is unfair in full view of all the circumstances, including the traffic crime group for at least eight months after traffic accident, the first type of escape after traffic accident (e.g., imprisonment, non-driving), the decision on the recommended area (basic area), the scope of recommendation (e.g., August to June), the scope of recommendation sentencing (e., August to June): the lower limit is limited to the concurrent crimes with the violation of the Guarantee of Automobile Accident Compensation Act for which no sentencing guidelines have been established for at least eight months; the victims and the victims do not want the punishment of the defendant; the victims have no record of criminal punishment exceeding the fine; and the scope of recommendation for the crime of this case according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court established by the Sentencing Committee. Since the scope of punishment for the crime of this case is in conflict with the crime of violating the Guarantee of Automobile Accident Compensation Act for which the sentencing guidelines have not been established, the lower limit is applied.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court.

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