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(영문) 의정부지방법원 2015.04.22 2014노1906
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable for the lower court’s punishment (three years of imprisonment, five years of suspended execution, two hundred hours of community service order, and forty hours of order to attend a lecture).

2. The judgment that the defendant recognized his own crime, and that the defendant was detained for a period of up to eight months until the decision of the court below was rendered and appears to have repented in depth of the crime, and that he did not want the punishment against the defendant by mutual consent with the victim's bereaved family members is favorable to the defendant.

However, the crime of this case was committed after the occurrence of an accident during driving, and the case was serious in light of the form of the act or the result of the crime, and the defendant caused an accident in violation of the signal without a license, and the defendant was punished for the violation of the Road Traffic Act on several occasions, and the defendant committed the crime of this case again under the revocation of a license for driving under the influence of alcohol, including the circumstances of the crime of this case and the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court [the traffic crime group, the escape after the traffic accident, the third type (after the death), the basic area (in case where the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, the special mitigation (the special mitigation officer) and the imprisonment of three years and five years], the sentence of the court below is too unreasonable.

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

Pursuant to Article 25(1) of the Regulations on Criminal Procedure, “each of the four types of imprisonment” columns for “the pertinent Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment” in the application of the statutes of the lower judgment shall be sentenced to limited imprisonment for the crimes of escape vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the imprisonment for the remaining crimes shall be sentenced to “each choice”,

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