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(영문) 수원지방법원 2015.04.22 2015노610
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 sentence of the court below (one year of imprisonment) is too unreasonable.

2. The judgment of the court below is that each of the crimes of this case committed under the influence of alcohol by the defendant, without taking any measures to cause a traffic accident that causes a large number of personal and material damage to a large number of persons without a license, and the case is less than five, and the victim who suffered the bodily damage is also five, regardless of the fact that the defendant committed each of the crimes of this case under the influence of alcohol level 0.149% in the past, even though he had been punished three times due to driving under the influence of alcohol in the past, and in particular, he committed each of the crimes of this case. However, the defendant's criminal liability is less poor in light of the fact that the defendant led to the confession and is in depth against each of the crimes of this case, there is no more penalty ability than fines, the degree of each injury of the victims is relatively heavy, and it seems that part of the victims were recovered through an insurance company, and considering all the circumstances such as the defendant's age, character and conduct, family relation, circumstances, and circumstances after the crime, the defendant's allegation of sentencing is unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 of the Road Traffic Act as to the crime in question.

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