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(영문) 의정부지방법원 2013.05.23 2013노217

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (ten months of imprisonment and two years of suspended execution, probation, community service, 80 hours of probation, and 40 hours of lecture of compliance driving) of the original judgment is too unreasonable; and

2. The judgment of the court below is a primary offender, the victim was agreed, and the situation where the vehicle was covered by the comprehensive insurance is recognized. However, even though the defendant caused a traffic accident sufficient to the central line in drinking condition, the defendant escaped from the scene of the accident after stopping, the degree of injury of the victims is not easy, even though the defendant had already caused a heavy accident due to the influence of drinking immediately before the crime of this case, he again driven without being able to commit the crime of this case, and it does not seem that the punishment of the court below is too unreasonable in light of the various sentencing factors indicated in this case, such as the defendant's age, character and behavior, occupation and environment, the circumstance and result of the crime, and the circumstances after the crime.

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