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(영문) 울산지방법원 2018.08.17 2018노386
특정범죄가중처벌등에관한법률위반(도주치상)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 sentence imposed by the court below on the defendant (one year and two months of imprisonment) is too unreasonable.

2. The crime of this case is determined by the following facts: (a) the Defendant got a vehicle operated by the Victim F, who was driven by the victim F, in violation of the signal while driving under the influence of alcohol without a license, and was driven by the victim F under the normal signal; (b) the victim H, on the part of the Defendant, was injured for about three weeks of medical treatment; and (c) the victim H, on the part of the damaged vehicle, did not take measures such as immediately stopping the damaged vehicle and providing relief to the injured person; and (d) the victim H, on the part of the damaged vehicle, escaped without taking measures such as aiding the damaged person, and caused an accident while driving the vehicle at a rapid speed in violation of the signal from drinking distance; (b) the degree of occupational negligence is very serious; (c) the alcohol content of the Defendant’s blood alcohol level at 0.109% at the time of driving; (d) the victim H suffered a serious injury to the victim F due to the instant accident, and (d) the victim H was punished to the extent that the Defendant suffered from the driver’s license due to be destroyed by the injury.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant shows the attitude of recognizing and opposing the crime of this case, the fact that there is no record of criminal punishment exceeding the fine of the defendant, and the victims do not want the punishment against the defendant, etc., the punishment imposed by the court below is somewhat unreasonable and unfair.

Therefore, the defendant's argument is justified.

3. If so, the defendant's appeal is reasonable.

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