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(영문) 대구지방법원 2013.07.25 2013노1274

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (three years of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. Even though the Defendant had been punished several times due to drinking driving, the Defendant was engaged in the instant drinking driving at the same time, and the Defendant’s blood alcohol concentration at the time of committing the crime was very high by 0.153%.

In addition, in that the defendant has caused a traffic accident while driving under the influence of alcohol and escaped as it is and caused the death of the victim, the nature and circumstances of the crime are very serious.

Until the trial of the case, the victim was unable to reach an agreement with the bereaved family members.

However, the defendant recognized the crime and was able to repent in depth, and voluntarily surrenders to the investigation agency.

Defendant

Vehicles are covered by comprehensive insurance.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, it cannot be deemed that the sentence imposed by the court below is too minor or unreasonable.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.