beta
(영문) 부산지방법원 2016.01.21 2015노3617

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (eight months of imprisonment) is too unreasonable in light of the main sentence of the grounds for appeal and the various sentencing conditions.

2. As to the grounds of appeal, the circumstances favorable to the Defendant are as follows: (a) the Defendant recognized each of the instant crimes and reflects in depth; (b) the degree of injury to the victim C is minor and agreed with the said victim; and (c) the vehicle driven by the Defendant is covered by mandatory insurance.

However, each of the crimes of this case committed while the defendant was sentenced to a fine twice due to driving under the influence of alcohol after around 2009 without a driver's license, resulting in injury to the victim C while driving under the influence of alcohol 0.186% while driving without a driver's license. At the same time, each of the crimes of this case is not easy, in light of the above previous conviction relation, drinking volume, accident situation, etc., and driving of the motor vehicle is a serious crime causing danger to the life and body of himself/herself and others, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment against the defendant's age, sex, home environment, the circumstances of each of the crimes of this case, and the sentencing guidelines of the Supreme Court and the result of the application of the sentencing guidelines of the Commission, etc. are too heavy, comprehensively taking account of various circumstances such as the records of this case and changes in the following circumstances.

shall not be deemed to exist.

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