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수원지방법원 2015.09.23 2015노3810

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. In light of the fact that the defendant led to the crime of this case, the degree of injury suffered by the victim of traffic accident is not more severe, and the victim does not want the punishment at the investigation stage, and there are family members to support the crime of this case, even though each crime of this case was committed in drinking condition by the defendant without a license, without taking any measures, and the nature of the crime is not good. In particular, the defendant has the past record of being punished several times as well as repeated crimes of this case during the period during which the crime of this case was committed for the same kind of crime, and the court below seems to have determined the punishment by taking full account of the circumstances favorable to the defendant, and considering all other circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the court below is too unreasonable, and the defendant's assertion is not reasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.