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(영문) 대전지방법원 2015.09.10 2015노708
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the original judgment is deemed to be too uneasible and unfair.

2. It is reasonable to take into account the following circumstances: (a) the Defendant, as a young young group of the 20th century, has already been repented of his mistake; (b) the first offender who has no criminal record; (c) the Defendant agreed with the victims; (d) some victims wanted to take the Defendant’s wife; (c) the vehicle driven by the Defendant is covered by a comprehensive insurance; and (d) the Defendant’s family and branch members want to take the Defendant’s wife against the Defendant.

However, each of the crimes of this case committed by the defendant while driving a vehicle in the manner of drinking alcohol without taking relief measures despite having caused injury to the victims, and again causing a number of victims by causing a traffic accident. In light of the degree of negligence and the result of the crime, the criminal liability is grave, and the blood alcohol concentration of the defendant was 0.219% at the time of driving under the influence of alcohol, and all of the sentencing conditions, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence of the court below is deemed to be inappropriate, taking into account all the sentencing conditions, such as the defendant's age, character and behavior, environment

3. The lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Articles 148-2(2)1 and 44(1) of the Road Traffic Act regarding criminal facts, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, each specific crime.

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