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(영문) 춘천지방법원 강릉지원 2013.12.10 2013노410
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

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

There is also a favorable circumstance for the defendant, such as the minor degree of injury suffered by the victims, the victims have agreed with the defendant and expressed their intention that they do not want to punish the defendant, and the fact that the elderly who has not been healthy due to dementia is supporting alone.

However, the crime of this case was committed by the defendant again during the period of probation due to drinking driving and driving without a license, and also escaped without taking measures such as aiding the victims of the accident, and it is necessary to punish the defendant strictly.

In addition, considering all other circumstances that serve as the conditions for sentencing in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, the sentencing of the lower court is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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