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(영문) 대구지방법원 2014.10.30 2014노2957
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant does not repeat the crime, reflecting the error of the crime in depth.

The degree of injury of the victims is relatively minor, and the defendant's driver's vehicle is not covered by a comprehensive insurance, and the victims want to take the action against the defendant by mutual consent with all victims.

However, the Defendant had been punished several times due to a crime of non-licensed driving, a drunk driving, and a crime of refusing to take a drinking test on September 5, 2013, and was sentenced to a two-year suspended sentence for six months of imprisonment on the grounds of the crime of refusing to take a drinking test on September 5, 2013, and subsequently, the Defendant committed the instant crime on March 7, 2014, which was committed on the same vehicle as the instant case, and did not go through one month thereafter.

The crime of this case is deemed to have escaped without taking necessary measures to inflict an injury on three passengers of a damaged vehicle while driving without a license by the defendant, and without taking necessary measures to inflict an injury on them.

In addition, considering all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

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.

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