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(영문) 대구지방법원 2014.07.24 2014고단1891
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

(a) Subparagraph 2, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a limited term of punishment for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by Occupational or Death after Escape, and selection of imprisonment for the crimes of violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentencing criteria [Scope of Recommendation] shall be the minimum limit of the range of sentence on the basis of the sentencing criteria for the crime for which the sentencing criteria are set for the crimes provided for in the former part of Article 37 of the Criminal Act among the crimes for which the sentencing guidelines are set and the crimes for which the sentencing guidelines are not set, where a serious danger to life is incurred (one and two kinds), or where a serious danger to life is incurred due to the escape (one and two categories), or where the illegality in the proviso of Article 3(2) of the Special School Act is serious: the minimum limit of the sentencing criteria for the crimes provided for in the former part of Article 37 of the Criminal Act among the crimes for which the sentencing guidelines are set and those for which the sentencing guidelines are not set

2. The Defendant, while under the influence of alcohol, was driving the instant vehicle, and escaped from the scene while leading to the instant accident, and due to the said accident, one victim was dead, one victim was seriously injured, the victim did not reach an agreement with the bereaved family members of the injured victim and the deceased, and the victim and the bereaved family members want a strong punishment for the Defendant, it is inevitable to sentence the Defendant.

However, there is no record of criminal punishment for a crime of the same kind, there is a negligence that the defendant was on board the ship without wearing a safety mother even to the victims, and the defendant's driver's vehicle is the comprehensive automobile insurance.

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