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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2013.04.25 2012노2720
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two months of imprisonment, two years of probation, community service order, 80 hours of community service order, and 40 hours of order to attend a compliance driving lecture) is too unreasonable.

Judgment

Considering the fact that the defendant led to each of the crimes of this case, the degree of injury suffered by the victims is relatively excessive, the insurance money is paid to the victims as medical expenses and automobile repair expenses, and the primary crime is the first crime, even though each of the crimes of this case was committed by the defendant in violation of the signal while under the influence of alcohol level of 0.089%, and caused damage to the victim D by causing a traffic accident, without taking relief measures, etc., even though the defendant did not take relief measures, and the victim D suffered injury, the crime of this case was committed by the victim F, the degree of violation of the duty of care, the number of the victims and the result of the injury occurred. In addition, considering the fact that the crime of this case was serious, considering the fact that the defendant did not agree with the victim until the trial of the court of first instance, the court below's comprehensive review of all the sentencing conditions of this case, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., it is too inappropriate to deem the defendant's assertion is unreasonable.

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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