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(영문) 대구지방법원 2018.06.21 2018노45

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the sentencing of the court below (a sum of KRW 10 million) on the summary of the grounds for appeal is too unfasible and that the prosecutor is too unfased and unfair.

2. The Defendant did not take necessary measures to avoid a traffic accident by driving under the influence of alcohol.

The defendant has many records of criminal punishment, and committed the crime of this case during the period of repeated crime.

On the other hand, the Defendant agreed with the victim that the degree of injury suffered by the instant accident is relatively weak, and the Defendant agreed with the victim.

The defendant has no record of punishment for drinking driving.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.