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(영문) 대구지방법원 2016.12.01 2016노4050
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the court below's summary of the grounds for appeal (one year of imprisonment) is too unfasible to the defendant, and the prosecutor is too unfased and unreasonable.

2. On the other hand, the Defendant was sentenced to three occasions (one time of a fine and two times of a suspended sentence) and two years of a suspended sentence in October 27, 2015 due to the fact that he was involved in a traffic accident while driving under influence on or after around 200, and committed the instant crime during the suspended sentence period. It is recognized that the blood alcohol content of the instant case was higher than 0.262%.

However, the Defendant is against the charge, and the damage caused by the instant traffic accident is relatively large, and the Defendant agreed with the victim.

In addition, in full view of all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate, and it is not recognized that it is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit. Thus, 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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