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(영문) 전주지방법원 2013.05.24 2013노354
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable in light of the overall sentencing conditions of the Defendant.

B. In light of all the sentencing conditions of the prosecutor, the sentence of the lower court is too unfasible and unfair.

2. Determination of the grounds for appeal of this case is recognized as favorable circumstances, such as the fact that the defendant recognized the crime of this case and was in depth divided, that the defendant agreed with the victim I, J, K, L, L, M, N,O, and all the victims including the above victims do not want the punishment of the defendant, and that the vehicle of the defendant is covered by comprehensive insurance.

However, the crime of this case was committed by the Defendant without obtaining a license for a large number of victims of a traffic accident without providing relief to victims, and the nature and circumstances of the crime are not good, and the Defendant was punished for the same crime more than 10 times. In particular, on November 10, 201, the Defendant was sentenced to 10 months of imprisonment with prison labor for the crime of violation of the Road Traffic Act (driving) on the ground that the Defendant committed the crime of this case on July 17, 2012, and five months have not passed since the execution of the sentence was completed. The Defendant’s blood alcohol concentration was higher than 0.163% at the time of the instant case, and the Defendant’s blood alcohol concentration was higher than 0.163% at the time of the instant case. In full view of the various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, including the Defendant’s age, character, environment, motive, means and consequence of the crime, and the circumstances after the crime, and thus, the Defendant and prosecutor’s assertion of unfair sentencing are not justified.

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

However, the 5-3 of the judgment of the court below on the 4th page 5 is "5-3", and the 7th page "Article 148-2 (1) 1" is "Article 148-2 (1).

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