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(영문) 대구고등법원 2013.03.28 2012노349
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the original court (ten months of imprisonment, two years of suspended execution, 80 hours of community service, and 40 hours of lecture) is too unreasonable;

2. The judgment of the court below is a favorable circumstance for the defendant, such as the fact that the defendant recognized the crime of his own, and reflects the wrongness, in the case of the 2012 Gohap48 Case as stated in the judgment of the court below, that the defendant repented immediately after the escape, and voluntarily surrenders to the police box, that the degree of damage from traffic accident is not severe, that the victim and the victim agreed smoothly, that the vehicle used for the crime was scrapped, and that there is a family member to support the defendant.

However, on January 17, 2012, the Defendant was investigated as a drunk driver on January 4, 2012 and repeated driving without a license on February 14, 2012, immediately after a summary order was requested on January 17, 2012. Accordingly, on February 14, 2012, the Defendant repeated driving without a license on February 14, 2012, and resulting in a traffic accident while repeating driving under a license without a license on March 6, 2012.

On March 6, 2012, the blood alcohol concentration at the time of drunk driving is considerably high by 0.153%.

These circumstances are disadvantageous to the defendant.

In addition to this point, the sentence of the court below is too unreasonable in light of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, and circumstances after the crime, etc.

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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