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(영문) 창원지방법원 2014.04.17 2014노462
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The crime of this case was committed under the influence of alcohol 0.124% by negligence when the defendant driven a car while neglecting his duty at the front direction while neglecting his duty at the front direction, and the victim F, who was parked on the side of the right direction of the vehicle driving of the defendant, escaped without any relief measures, and led the victim F, thereby causing the death of the victim, and the result of the crime was very significant and is very serious. The defendant was punished twice for the violation of the Road Traffic Act even though there was the past history of punishment for the violation of the Road Traffic Act. The accident of this case occurred due to the defendant's negligence and it cannot be deemed that there was negligence on the victims, and the defendant's bereaved family members and bereaved family members did not agree to the agreement, etc. are disadvantageous to the defendant.

However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant is led to confession and reflect, the defendant does not leave the scene even though he finally recognizes that he shocked the victim F, it is not deemed that dolusence is nothing more than dolusible perceptions, the defendant deposited KRW 20 million for the victim F's bereaved family; the defendant's driver's car is covered by a comprehensive motor vehicle insurance contract; the defendant's car is paid to the victim F's bereaved family members; the defendant paid approximately KRW 98 million in total with insurance money; the defendant is in a position to support two minor children; the defendant has no other criminal power other than the above two times of fine; and the defendant has no other criminal power other than the above two times of fine; it is recognized that the sentence of the court below is somewhat unreasonable.

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