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(영문) 수원지방법원 2017.09.29 2017노2401
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental and physical loss or mental weakness because he took the mentally and physically weak drugs.

B. The sentence of the lower court (an amount of KRW 10 million) that is unfair in sentencing is too unreasonable.

2. Determination

A. The Defendant asserted the same purport in the lower court’s judgment as to the assertion of mental and physical weakness, and the lower court rejected the Defendant’s assertion on the grounds of the circumstances indicated in its reasoning.

D. As to the circumstances stated by the lower court, the Defendant used the mind and drugs at the time of the instant case in the trial.

The materials submitted by the Defendant was merely those prescribed after about two years of the instant crime, and the Defendant used approximately approximately approximately two years at the time of the instant case.

It cannot be readily determined, and even if the Defendant used the drug at the time of the instant case, the Defendant used the drug.

Even in light of the background leading up to the instant accident, the circumstances before and after the commission of the crime, the statement made by the Defendant at the investigative agency, etc., known by the evidence duly admitted and investigated by the lower court, the Defendant had no or weak ability to discern things or make decisions due to drugs at the time of the instant case.

shall not be deemed to exist.

Therefore, the above argument by the defendant is without merit.

B. The fact that the defendant recognized his mistake and agreed with the victim is favorable to the defendant.

Meanwhile, even though the Defendant had been punished several times due to traffic-related crimes, he/she was driving without a license while driving without a license, and escaped without taking relief measures, and the offender also committed the crime to avoid liability for each of the above crimes, which is disadvantageous to the Defendant.

The above circumstances and the sentencing of Article 51 of the Criminal Act, as shown in the records and arguments of this case, are all kinds of sentencing.

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