beta
Text
The defendant's appeal is dismissed.
Reasons
1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. However, the defendant recognized and reflected the crime.
The victim of a traffic accident is relatively minor and the victim was fully agreed.
However, even though the Defendant had been punished several times due to traffic-related crimes for the past five years, and again committed the instant crime. In the case No. 2003 of the High Court Order 2016, the Defendant was under the influence of drinking or non-licensed driving, and the Defendant was also under the influence of drinking or non-licensed driving for four months, and it is not good that the Defendant escaped without taking relief measures, etc., and committed the instant crime in 2016 High Court Order 1805.
Of the instant crimes, the statutory penalty for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in which punishment is the largest among the crimes of this case, is imprisonment with prison labor for not less than one year or with a fine of not less than 5 million won but not more than 30 million won, and the lower court selected imprisonment and sentenced to the maximum punishment within the applicable sentencing range by reducing the amount of imprisonment (abstinence for the Defendant to the police, but the mitigation of punishment under Article 52(1) of the Criminal Act is limited to a discretionary mitigation reason and does not constitute a reason to reduce the number of the accused if the sentence is considered to be disadvantageous to the Defendant, such as the above mentioned above). In full view of all circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of the crime, and the circumstances after the crime, etc., the lower court’s sentence is too unreasonable, and thus, the Defendant’s assertion is without merit.
3. As such, the defendant's appeal 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.