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(영문) 대구지방법원 2015.05.14 2015노1142
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case committed by the Defendant by causing a traffic accident on several occasions and resulting in injury, etc. to the victims, but did not immediately stop and take necessary measures, such as aiding and abetting the victims, and the liability for the crime is not exceptionally imposed.

In the crime of this case, the blood alcohol concentration at the blood alcohol level was high by 0.199%, and the distance of the vehicle is 15km and the nature of the crime is heavy.

However, there is no record of the same crime and there is no record of punishment for the suspension of execution or more.

The Defendant committed the instant crime in depth and did not repeat the crime.

The degree of injury of the victim is relatively minor, and the defendant is in the first instance, and the victims do not want punishment by mutual consent with the victims.

In full view of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleading, the sentence imposed by the court below is unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading

Punishment of the crime

Since the facts constituting the crime recognized by this court are the same as the facts constituting the crime of the lower judgment, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence of the above crime is as follows, except for the addition of the "statement made by the defendant in the trial court", and therefore, it is identical to the corresponding column of the judgment of the court below.

Application of Statutes

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, and each Road Traffic Act.

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