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(영문) 서울중앙지방법원 2016.08.25 2016노1330

특정범죄가중처벌등에관한법률위반(도주차량)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (the sentence of two years of suspended sentence in August and the community service order of 160 hours in 8 months) is too unreasonable.

2. After the instant traffic accident, the fact that the Defendant agreed with the victim and the victim did not want to punish the Defendant, and that the Defendant recognized the crime in the appellate trial is favorable to the Defendant.

However, in light of the fact that the crime of this case was committed by causing a traffic accident by driving in which the blood alcohol content is 0.129%, causing the injury of people, and that the crime was committed by failing to take appropriate relief measures, etc. even after the damage of a motor vehicle is bad, and that the shock caused by the traffic accident of this case seems to have been reasonable, and that the defendant had the history of punishing the driver for driving under the influence of alcohol two times, and other various circumstances, including the defendant's age, sexual behavior, circumstances leading to the crime, and circumstances after the crime, etc., the punishment imposed by the court below is too heavy.

It does not seem that it does not appear.

Defendant’s assertion is not accepted.

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