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(영문) 서울남부지방법원 2017.11.02 2017노1232
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (referring to 8 months of imprisonment, 2 years of suspended execution, and 40 hours of compliance driving) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is one of the crimes committed by the Defendant, while driving under the influence of alcohol, resulting in a primary traffic accident, and resulting in a second traffic accident again while escapeing as it is, and thus, resulting in an injury to many (five) victims.

피고인은 도주 과정에서 신호를 위반하며 빠르게 주행하였고, 그로 인해 2차 사고 피해 차량을 크게 충격하여 손상시키면서, 그 충격으로 피고인 차량이 인도 위로 튕겨 나가는 등 교통상의 위험을 초래했다.

At the time, the defendant's blood alcohol concentration (0.119%) is high, and the distance (4.9km) of the defendant's driving is also visible.

However, the Defendant recognized all the crimes of this case and reflected the mistake.

The injury suffered by the victims of each traffic accident of this case is not severe, and the defendant agreed with both victims.

The defendant has no record of punishment for the same kind.

In addition, comprehensively taking account of the Defendant’s age, sex, career, family relation, environment, motive, means, and consequence of the crime, circumstances after the crime, and the criminal experience, the lower court’s punishment is too heavy or is deemed unreasonable as it is too low.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all appeals filed by the defendant and the prosecutor are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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