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(영문) 의정부지방법원 2014.08.20 2013노2448
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a two-year period of imprisonment with prison labor, a social service of 80 hours, and a 40-hour compliance driving instruction) that the court below made is too unreasonable.

2. Determination is recognized in light of the following circumstances: (a) the Defendant led to the occurrence of the instant accident and escaped; (b) was investigated by an investigative agency after self-denunciation; (c) the Defendant was subscribed to a comprehensive motor vehicle insurance contract; (d) the victims received insurance money from an insurance company; and (e) the Defendant paid the exemption money to the insurance company.

However, the Defendant has been sentenced to three times a fine, one suspended sentence, and one suspended sentence. The instant crime was committed by the Defendant while driving a vehicle while under the influence of alcohol without taking any measures to see three vehicles continuously, and the nature of the instant crime is bad. In addition, the Defendant’s blood alcohol content at the time of the instant crime is higher than 0.115%; the Defendant’s blood alcohol content at the time of the instant crime is higher than 0.15%; the Defendant was the majority of the victims due to the instant crime; the Defendant’s age, character, environment, motive, means and consequence of the instant crime; and all of the sentencing conditions indicated in the instant criminal records, such as the Defendant’s motive, means and consequence of the instant crime; thus, the Defendant’s above assertion cannot be justified.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per

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