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(영문) 수원지방법원 2014.11.20 2014노5083

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal is that the original court’s punishment (one year and six months of imprisonment) is too unreasonable;

2. The judgment of the court below is reasonable in light of the following: (a) the defendant recognized his mistake and reflected against the victim of the traffic accident; (b) the degree of injury suffered by the victim of the traffic accident; (c) the defendant returned the victim of the vehicle embezzled by the defendant; or (d) the defendant escaped while being tried to commit the crime, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, (i) in the state of exploitation where the blood alcohol content exceeds 0.185%; (b) the defendant committed each of the crimes of the same kind and bodily injury; (c) the defendant committed each of the crimes of this case; (d) the number of victims due to each of the crimes of this case; and (e) the vehicle embezzled by the defendant was returned to the victim; (d) the defendant did not reach an agreement with the victims; (e) the defendant was not guilty of a fine; (e) there was no record of punishment more than once due to driving without a license; and (e) the age, character, means and consequence of the crime; (e) the sentencing and circumstances of this case.

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.