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(영문) 대전지방법원 2017.10.18 2017노157
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (in the case of Defendant A: the suspended sentence of imprisonment for eight months; the community service order of 80 hours; the order to attend a law-abiding driving lecture of 40 hours; Defendant B: fine of 3 million won) is too unreasonable.

2. The court below held that the defendants recognized the crime of this case and reflected the mistake, the victim's injury is relatively minor, and the defendant A deposited one million won each for the victim E and G in the court below, and the defendant B was the first criminal, and the defendant A was not guilty of a stay of execution or more.

However, Defendant A, while driving under the influence of alcohol, escaped without taking any measures for rescue and relief of traffic accidents. Defendant B, who is the same passenger, had Defendant B make a false statement as if he was a driver, etc. Defendant B made a false statement, Defendant B also made a false statement actively to conceal the facts driven by Defendant A and made a driving under the influence of alcohol, and Defendant A did not agree with the victims, and Defendant A did not have been punished for the same kind of crime of driving under the influence of alcohol.

In full view of the above circumstances and other circumstances, including the Defendants’ age, sex, environment, motive, means, and consequence, there is no special change of circumstances that may otherwise determine the sentence and the lower court’s punishment, the lower court’s punishment is too unreasonable.

Therefore, the above assertion by the Defendants is without merit.

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

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