(영문) 울산지방법원 2017.12.01 2017노1129 | 리걸엔진

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(영문) 울산지방법원 2017.12.01 2017노1129

특정범죄가중처벌등에관한법률위반(도주치상)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. The sentence of the court below (one year and six months of imprisonment) against the defendant in summary of the defendant's appeal grounds is too unreasonable.

2. In light of the judgment, despite the fact that the Defendant had been punished twice for the crime of violating the Road Traffic Act (driving of alcohol), the Defendant driven a vehicle while under the influence of alcohol content 0.130%, and caused the instant traffic accident. As a result, three persons were injured, and the two vehicles and the building outer walls are damaged, etc., but leaving the site without taking any measures, etc., are disadvantageous to the Defendant.

On the other hand, the extent of injury suffered by the victims is relatively important. The defendant left the scene of a traffic accident by the children who died in the vehicle of this case at the time, and the defendant left the scene of the accident. However, there are some circumstances to consider the accident management by the police officer immediately called up immediately after the case, such as returning to the scene and driving the vehicle, and cooperating with the husband in dealing with the accident. The defendant reflects the mistake while committing the crime in the first instance, and agreed to the victims excessively. The vehicle of this case was covered by the comprehensive motor vehicle insurance for the last ten years, the vehicle of this case has no criminal record before the last ten years, there is clear social relation between the plaintiff and his family members, and there are awareness that they need support, and there are other circumstances favorable to the defendant, such as family relation, age, happiness, environment, after committing the crime, changes in the circumstances after the crime, etc., the court below's decision that the sentencing guidelines of this case is too unfair and the sentencing guidelines of this case should be determined in full view of all the circumstances mentioned in the sentencing guidelines.

3. Accordingly, the defendant's appeal is justified.

유사 판례

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-인천지방법원 2018.05.09 2017노4627

-수원지방법원 2016.10.07 2015노7718