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(영문) 대전고등법원 (청주) 2013.04.18 2013노51
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant subscribed to liability insurance and paid a certain amount to the victims, and that the victims do not want punishment, and that the degree of injury to the victims and the degree of damage to the vehicle was relatively minor.

However, even though the Defendant had a history of being punished several times due to drinking driving, the Defendant was sentenced to a suspended sentence due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the history of the suspended sentence due to the violation of the Road Traffic Act, and the violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents, etc., and even though he had been sentenced to imprisonment for 8 months, the Defendant was causing traffic accidents and sustained injury to the victims, and went away from the scene without relief measures, and considering all other sentencing conditions such as the Defendant’s age, character and behavior, environment, motive and means of the crime, results, etc., it cannot be deemed that the Defendant’s sentence against the Defendant is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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