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(영문) 인천지방법원 2012.11.28 2012노2833
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The fact that the defendant's mistake is recognized, the degree of injury of the victims is relatively heavy, the harming vehicle is subscribed to liability insurance, and the fact that the crime of this case occurred after the damage of paragraph (2) of the judgment of the court below, which is favorable to the defendant, is agreed with the victim's O limited partnership company.

On the other hand, the first accident of this case where the defendant, while driving a vehicle while under the influence of alcohol while driving the vehicle at the intersection and driving the vehicle at the intersection, was caused by the second accident where the plaintiff was faced with the second accident where he was in the process of driving the vehicle at the speed of the signal immediately and driving the vehicle at the left without delay, and driving the vehicle at the speed of the second accident where he was in the course of the escape. The crime of this case, the victim who was injured by the crime of this case is about 8, 900,000 won in total, and the amount of damage caused by the damage is about 9,00,000 won in total, and most of the victims are disadvantageous circumstances that are not agreed with, and all other circumstances that form the conditions for sentencing as shown in the arguments, such as the defendant's age, character and behavior, environment, motive and background of the crime of this case, risk of the crime, circumstances after the crime, etc., the sentence of the court below is judged within the

Therefore, the defendant and the prosecutor's argument are not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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