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(영문) 수원지방법원 2015.10.14 2015노1993
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of one year and six months, the suspension of the execution of three years, the probation, and the order to attend the course of forty hours) is too unreasonable;

2. The judgment of the court below is based on the following facts: the defendant led to each of the crimes of this case; the victim of the traffic accident is relatively minor; the vehicle driven by the defendant is covered by a comprehensive insurance; the defendant has agreed with the victim of the traffic accident; there is a family member to provide support; the workplace rent desires to take the defendant's preference to the crime of this case, even though the defendant does not take necessary measures and cause personal and material damage from drinking condition, and the crime of this case is not good; in particular, the defendant committed each of the crimes of this case in this case even though he had been punished several times for the same crime such as drinking and driving without a license (one suspended sentence, six times of punishment; the defendant committed each of the crimes of this case; the defendant's blood alcohol concentration level is very high to 0.194%; the defendant's age, character and behavior, environment, family relationship, motive and circumstances after the crime; and all of the circumstances after the crime are considered to be a condition after the crime. Thus, the defendant's argument of this case is unreasonable.

3. 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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