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(영문) 수원지방법원 2014.04.17 2014노986
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment below

The guilty portion shall be reversed.

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

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

2. The court below ruled that the prosecution should be dismissed on the grounds of the violation of the Road Traffic Act against the victim F in relation to the violation of the provision of the Road Traffic Act against the victim D and the viewing of water sources under paragraph (1) of the judgment below, and only the defendant appealed on the grounds of unfair sentencing against the judgment below. The dismissal of prosecution as to the violation of the Road Traffic Act against the victim F was transferred to this court on the grounds of unfair sentencing. However, even though the defendant's dismissal of prosecution as to the violation of the Road Traffic Act against the victim F was transferred to this court on the basis of the principle of rejection of appeal

Therefore, the conclusion of the court below's rejection of prosecution on this part is followed.

As a result, the scope of the judgment of the court below is limited to the conviction part of the judgment below, so the judgment of the court below shall not be judged again.

3. The crime of this case, without purchasing liability insurance, was committed by the defendant while driving a vehicle without a license, while driving the vehicle without a license and driving the vehicle, and then driving the vehicle, with a significant degree of the nature of the crime and the criminal situation; the blood alcohol concentration of the defendant belongs to very high; the defendant has a record of criminal punishment of a fine of KRW 7 million due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) in 2012; the violation of the Road Traffic Act in 2012; and the violation of the Road Traffic Act; and the significant impact of the accident was considerable to the extent that the victim D's vehicle was scrapped; on the other hand, the defendant recognized the crime; the defendant has committed the crime; the defendant has no record of punishment heavier than suspended execution; the defendant has agreed with the victim F; the damage recovery to the victim's viewing was made; and the victim D was committed in the first instance.

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