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(영문) 춘천지방법원 강릉지원 2017.11.09 2017노367
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The fact that the defendant divided and reflecteds the wrong facts, and the fact that the court below agreed with the victims is favorable to the defendant.

However, the crime of this case is very bad in the nature of the crime of this case, although the defendant, while driving a drinking, caused a traffic accident without relief from the victims.

The Defendant had the record of having been sentenced to a fine on one occasion due to the crime of drunk driving, and committed the instant crime again during the period of suspended execution, even though he was subjected to the two suspended sentence due to the thief crimes, so it is difficult for the Defendant to take any further action.

In addition, considering various sentencing conditions shown in the records and arguments, such as the age, character and environment of the defendant and circumstances before and after the crime, the sentence of the court below against the defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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