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(영문) 대구지방법원 2015.02.05 2014노4607

특정범죄가중처벌등에관한법률위반(도주차량)등

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The defendant's appeal is dismissed.

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 Defendant appears to have committed an offense against the nature of the offense and not recommitting the offense, supporting the healthy parent, and raising three children.

However, even though the defendant has been punished several times due to the same criminal conduct (one actual punishment, three times of suspended execution, and five times of fines), the defendant committed the crime of this case.

The instant crime was committed by the Defendant, while under the influence of alcohol level 0.195%, by causing a traffic accident corresponding to the damaged vehicle driven by the central line due to negligence, while driving a truck not covered by mandatory insurance while under the influence of alcohol level 0.195%, and causing two victims of the instant crime to inflict an injury requiring medical treatment for each of three weeks, and at the same time, by failing to take necessary measures even after destroying the damaged vehicle with the repair cost of KRW 1,393,267, and escape without taking necessary measures.

Until the trial, they did not agree with the victims.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.