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(영문) 의정부지방법원 2013.08.29 2013노1281
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The sentence of the original court (six months of imprisonment) shall be too vague and unfair.

2. The Defendant, while driving a motor vehicle under the influence of alcohol content 0.174%, was at the center line while driving the motor vehicle and caused the instant traffic accident, was at fault of the Defendant, and the Defendant escaped without taking relief measures after the accident. After that, the circumstances after committing the crime are not good, and the comprehensive insurance of the motor vehicle driven by the Defendant is not applicable to the victims due to its breach of a special agreement. However, to the extent of liability insurance, insurance money will be paid.

It is recognized that there are disadvantageous circumstances to the defendant, such as the victims and the absence of agreement.

On the other hand, there are also circumstances favorable to the defendant, such as the fact that the defendant was the first offender with criminal records, the fact that the defendant did not know about the extent of damage to the victims, the defendant deposited 2 million won for the victim E after the decision of the court below, the defendant deposited 2 million won for the victim E after the decision of the court below, and there are family members to support the defendant, including children who are not good health, having economic difficulties due to the defendant's detention, and the defendant is living under detention for about three months in depth.

In addition to the defendant's age, character and conduct, intelligence and environment, background leading to this case, and various circumstances that form the conditions of sentencing as shown in the argument of this case, it is recognized that the sentence imposed by the court below against the defendant is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

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