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(영문) 창원지방법원 2018.08.23 2018노1004
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The defendant's confession of a crime and reflects the wrongness, and the occurrence of a traffic accident causes the victim's negligence who drives a bicycle that does not exist, such as late night, etc.;

The fact that it was recognized as a comprehensive insurance, that there was a smooth agreement with the bereaved family members of the victim, that the bereaved family members of the victim and the defendant's workplace club fees, etc. want to be placed in the trial of the party, that the defendant lives in good faith for about 20 years, and that there was no record of punishment except for those subject to a fine once due to drinking driving.

On the other hand, the Defendant driven a vehicle while under the influence of alcohol despite the record of punishment for the same crime, and does not take any relief measures despite being taken behind the victim who was getting on a bicycle because he did not properly look at the front door and the left door, thereby causing the death of the victim. The Defendant called “the same as the traffic accident occurred” after having committed the crime by phoneing to G after committing the crime, and instead did not take any measures, and the Defendant did not take any measures, but does not take any measures, and the Defendant was locked at the night without having been aware of the accident, is disadvantageous.

In addition to the above circumstances, the court below seems to have determined the punishment within a reasonable scope, taking into account various factors in the records and arguments, such as the defendant's age, sex, environment, motive and means of the crime, and circumstances after the crime.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

The defendant's assertion that the sentencing of the court below is unfair is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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