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(영문) 서울중앙지방법원 2016.08.18 2016노1830
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below acknowledged all of the crimes of this case in the appellate trial, and there are favorable circumstances for the defendant, such as the fact that the defendant's driving vehicle is joining the National Trucking Mutual Aid Association of Korea. However, while the defendant driving a vehicle under the influence of alcohol level of 0.115% during a repeated crime due to the crime of this type while under the influence of alcohol level during a repeated crime period of 0.115%, the crime of this case is extremely poor, such as the defendant's failure to take any special relief measures, while driving the vehicle at the crosswalk under the witness's name while driving the vehicle under the influence of alcohol level of 0.15%, and the victim was under the witness's behavior at the site, and the victim was under the influence of the witness's body, and it is also clear whether it is possible to walk with the victim. Nevertheless, the defendant did not reach an agreement with the victim, and there is no special circumstance that the defendant's age, environment, motive for committing the crime, and circumstances before and after the crime of this case.

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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