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(영문) 창원지방법원 2013.12.19 2013노1801
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, two years of probation, and one hundred and twenty hours of community service order) declared by the court below is too unreasonable.

2. The judgment of the court below is that each of the crimes of this case committed by the defendant while driving a motor vehicle under the influence of alcohol of 0.234% and driving a motor vehicle with two lanes from one lane to two lanes, resulting in an injury requiring approximately two weeks of treatment for the victim as occupational negligence driving of the victim D (hereinafter "victim") who was temporarily under temporary suspension in two lanes from two lanes. It is not less than 96,973 won of repair cost to damage the victim's motor vehicle and escape without necessary measures such as relief of the victim. Since drinking driving is an offence that may threaten the life and body of others, it is necessary to strictly punish the defendant in accordance with the purport of the amended Road Traffic Act, as well as the purpose of the amended Road Traffic Act. The defendant's blood alcohol concentration is very high, and the defendant's blood alcohol concentration is also very high, and the defendant tried to abandon his motor vehicle any more than two times with the trend of the victim of the Road Traffic Act (the defendant's violation of the Road Traffic Act).

However, when the judgment of the court below that sentenced the suspension of the execution of imprisonment to the defendant becomes final and conclusive, the circumstances favorable to the defendant, and other character, character and environment of the defendant, which are favorable to the defendant, such as the fact that the defendant confessions and reflects the defendant, the degree of injury to the victim, the defendant has relatively minor, and the victim has subscribed to comprehensive insurance by agreement with the victim, the defendant is in the position to support the defendant's wife, her mother and wife, her children who are middle students, and her father,

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