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(영문) 의정부지방법원 2013.10.02 2013노1614
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. In light of the facts and contents of the crime in this case, although there are no favorable circumstances such as the defendant's confession of the crime in this case and statement that he will not repeat again, prior to the prosecution in this case, the victim's family members and persons wish not to want punishment, the victim's family members and persons wish to leave the ship, the victim's injury level is relatively minor and the comprehensive automobile insurance is subscribed to, the crime in this case. However, the crime in this case is not easy in light of the circumstances and contents of the crime in this case, and it is highly likely to be criticized in that the defendant refused to take a drinking test without any rescue measures after causing traffic accident. The defendant's past conviction in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (D) and the Road Traffic Act in 198, and the defendant's past imprisonment with prison labor for 2 years, and the defendant's life and behavior after drinking driving or driving without permission, and the defendant's motive and circumstance that the court below again sentenced the crime in this case without any consideration of various circumstances and circumstances of the crime in this case.

3. As such, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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