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(영문) 대구고등법원 2013.06.13 2013노21

특정범죄가중처벌등에관한법률위반(도주차량)등

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The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unreasonable.

2. The Defendant is an initial criminal who had no previous criminal record.

The defendant recognized his criminal act, thereby opposing the wrongness.

The degree of injury to victims of the traffic accident in this case and the degree of damage to the vehicle shall not be severe.

It seems that the passenger car driven by the defendant was covered by mandatory insurance, and the victims were compensated by the insurance company.

The defendant's attachment is a person with a disability in the first degree of brain disease, who continues to be in treatment, and there are many medical expenses incurred thereby, so the defendant is also economically difficult.

These circumstances are favorable to the defendant.

However, the crime of this case was committed by the defendant while driving under the influence of alcohol, causing three times or two times of traffic accidents, and resulting in the injury to three people, and the nature of the crime is very heavy.

The blood alcohol concentration level at the time of the drinking driving of this case is 0.221% high.

These circumstances are disadvantageous to the defendant.

In addition, considering the various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

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.