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(영문) 의정부지방법원 2016.10.04 2016노1783

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, community service, 80 hours, and 40 hours of compliance driving) of the lower court is too unreasonable;

2. Determination

A. It is recognized that the Defendant led to confession and reflects on the instant crime, the primary offender, and the fact that the lower court agreed with the victims.

B. However, in full view of the following circumstances: (a) the Defendant, while driving a vehicle in a state of 0.147% alcohol concentration in the blood alcohol level, did not rescue victims while leaving the vehicle, and the nature of the crime was very good; (b) 5 victims were injured due to the instant crime; (c) the two vehicles were damaged; and (d) other circumstances, which form the conditions for sentencing specified in the instant argument, such as the Defendant’s age, criminal background, and circumstances after the crime, are considered, even if considering the above circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable.

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 since it is without merit. It is so decided as per Disposition.