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(영문) 수원지방법원 2015.01.19 2014노6736
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The grounds for appeal by the defendant are excessively unreasonable. The punishment of imprisonment (eight months) by the court below is unreasonable.

B. The lower court’s reasoning for the appeal by the prosecutor is too unjustifiable.

2. The Defendant was punished by a fine of two million won due to drunk driving in 201. On December 4, 2013, the Defendant had been under the punishment of a fine of two million won due to drinking without a license on drinking or without a license on December 22, 2013, and again escaped from the accident after drinking or without a license on December 22, 2013. On July 16, 2014, the Defendant assaulted F without any special reason. The crime of the instant crime is very poor: Provided, That the crime of the instant crime is very poor: (i) the degree of injury suffered by the victim of the traffic accident is not serious; (ii) the vehicle of the Defendant was under the liability insurance; (iii) there was no record of punishment exceeding the fine imposed on the Defendant; (iv) the Defendant is deemed not to repeat the instant crime after receiving medical treatment for alcohol ozone; (v) the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime; and (v) the Defendant’s sentencing conditions before and after the instant crime are deemed unreasonable or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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