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(영문) 서울서부지방법원 2016.01.28 2015노1645
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (eight months of imprisonment) is too heavy.

2. The judgment that the defendant recognized all of his/her criminal acts, paid four million won and agreed smoothly with the victim of the traffic accident, and that F had the police investigate as if he/she paid the traffic accident on his/her behalf, but voluntarily surrenders himself/herself to the police on the following day is a sentencing factor favorable to the defendant.

However, even if the defendant was sentenced to a suspended sentence of imprisonment for a crime that causes an injury to a person in the course of drinking driving, he/she again commits the instant crime during the suspended sentence period, and there is no change in circumstances that may be considered in sentencing after the judgment of the court below is an unfavorable sentencing factor against the defendant

In addition, considering the various sentencing factors under Article 51 of the Criminal Act, such as the defendant's age, sex, family relationship, etc., the sentence of the court below cannot be deemed unfair because it is too large.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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