(영문) 대구지방법원 2014.12.04 2014노3367 | 리걸엔진

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(영문) 대구지방법원 2014.12.04 2014노3367

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant was sentenced to a fine on one occasion due to a drunk driving in around 2002. The crime of this case was committed by the Defendant, while under the influence of alcohol level 0.156%, due to the negligence of driving beyond the central line, and the Defendant’s failure to inflict an injury that requires approximately two weeks of medical treatment on the victim, and at the same time, failed to take necessary measures to destroy the damaged vehicle with approximately KRW 2,296,479 of repair cost and escape without taking necessary measures.

However, the Defendant did not have any criminal punishment other than the above drinking power, and did not repeat the crime by reflecting the error of the crime in depth, and disposing of the vehicle.

In addition to the deposit of KRW 2 million for the victim in the original trial, the victim has been additionally paid KRW 4 million to the victim in the first instance, and the victim has not been punished for the defendant by mutual consent with the victim.

Until the crime of this case is committed, the defendant has faithfully brought up five years of age while living in the workplace, and is pregnant.

In full view of all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The corresponding Article of the Act on the Aggravated Punishment, etc. of Specific Crimes.

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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