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(영문) 의정부지방법원 2017.01.24 2016노3464

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant led to the crime of this case and reflected against the defendant, submitted a written agreement on material damage at the court below, and submitted a written agreement on human damage at the court below.

B. However, in full view of the following circumstances: (a) the Defendant, while driving a vehicle while under the influence of alcohol, did not take necessary measures, such as aiding and abetting the injured person while causing a traffic accident while driving the vehicle; and (b) the Defendant had the history of punishing the injured person by driving alcohol six times; and (c) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable even if considering the favorable circumstances of the Defendant as seen earlier, it is not determined that the Defendant’

Therefore, the defendant's above assertion is without merit.

3. In conclusion, 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. It is so decided as per Disposition.