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(영문) 수원지방법원 2018.09.12 2018노1843

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of suspended execution for eight months of imprisonment and forty hours of lecture attendance order for compliance driving) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. A favorable circumstance is that the defendant's mistake is divided and reflected, the victim does not repeat the crime, the victim's degree of damage is not serious, and the victims do not want punishment against the defendant by agreement with the victims.

However, even if the Defendant did not take measures such as aiding the victim of a traffic accident while driving alcohol, and escaped without taking such measures as aiding the victim, the Defendant’s blood alcohol concentration is relatively high, the Defendant was punished several times due to drinking alcohol driving, and the circumstances that are already favorable to the Defendant in the lower court appears to have been considered in view of the circumstances that are favorable to the Defendant. In full view of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex behavior, environment, the background and consequence of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s aforementioned assertion is without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.