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(영문) 부산지방법원 2016.11.24 2016노2180
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the original court in the summary of the grounds for appeal (two years of imprisonment with prison labor for ten months, two years of probation, and eight hours of community service order) is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the defendant's wrong recognition and reflects the defendant's attitude, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, and the defendant does not want the punishment of the defendant in the investigative agency by agreement with the victim

However, in light of the fact that the Defendant, while driving a motor vehicle under the influence of alcohol, did not take measures to rescue the victim, such as sufficient 3 week injury to the victim while driving the motor vehicle while driving the motor vehicle, but did not take such measures as aiding the victim, leaving the vehicle on the spot and leaving the site as it is, and the Defendant had the history of being punished by a fine for driving under the influence of alcohol in 2002 and 2004, it cannot be deemed that the nature of the crime of this case and the possibility of criticism are somewhat less.

Considering the above circumstances and the overall circumstances such as the defendant's age, character and conduct, environment, criminal records, criminal records, circumstances after the crime, etc., the sentence sentenced by the court below is determined to be within the proper scope of sentencing discretion.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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