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(영문) 대구지방법원 2012.11.13 2012노2295

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (fine 7,000,000) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Determination Doctrine, Defendant’s depth reflects the Defendant’s depth, economic situation is not good, and the victim wants the Defendant’s wife by mutual consent with the victim prior to prosecution.

However, since 200, the Defendant had been punished three times by a fine due to drinking without a license since 2000, but did not know about the history of the punishment, and went away as it was while driving under the influence of alcohol. At the time of the instant crime, the blood alcohol concentration (0.099%) cannot be deemed to be low at the time of the instant crime. The Defendant, who escaped after the accident, led to another traffic hazard by the victim of the accident at least 70 meters.

Considering such circumstances and all the circumstances as the age, character and conduct, living environment, etc. of the Defendant, the lower court’s sentence against the Defendant is appropriate and too unreasonable.

3. Therefore, 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 groundless. It is so decided as per Disposition