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(영문) 대구지방법원 2015.04.23 2015노157
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's imprisonment (ten months of imprisonment) declared by the court below is too unreasonable and unfair, and the prosecutor asserts that it is too uneasible and unfair.

2. It is recognized that the defendant led to confessions and reflects on the facts charged, the victims' human damage was recovered by a comprehensive insurance in which the defendant joined, the defendant deposited KRW 11,864,00, and KRW 10,000 in the court below's trial.

On the other hand, it is also recognized that the defendant had the history of being punished several times due to driving without a license, and that the blood alcohol concentration at the time of the crime of this case was very high to 0.162%.

In full view of the aforementioned circumstances, comprehensively taking into account the following circumstances, the Defendant’s age, character and conduct, environment, occupation, details and details leading to the instant crime, and circumstances leading to the instant crime, etc., the sentence imposed by the lower court is deemed appropriate, and it does not seem that the sentence imposed by the Defendant is too minor or unreasonable.

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

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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