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(영문) 부산지방법원 2015.03.27 2015노324
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant did not have a criminal record; (b) the Defendant voluntarily surrenders himself; (c) the Defendant recognized the instant crime; and (d) the Defendant reflects the wrongness; and (d) deposited a total of KRW 15 million for

However, according to the case of the crime of this case, the crime of this case was committed by the defendant who was under influence of alcohol while driving a motor vehicle while drinking and escaped, the nature of the crime is very poor, the victim was injured by the 12 principal caution and was punished by the defendant. According to the black picture where the crime of this case is recorded, the defendant sent a signal to stop once, and tried to avoid the victim by plucking and digging down hand hand, without reducing or stopping speed, while discovering the victim's speed even after the crime of this case, it was attempted to avoid the victim. The victim was forced to reduce speed of motor vehicle speed even after the shock, and left the scene rapidly after the shock, and all other sentencing conditions shown in the argument of this case, such as the defendant's age, character and conduct, family environment, etc., the defendant's assertion of unfair sentencing is not accepted since excessive punishment of the court below is not deemed unfair.

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

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