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(영문) 부산고등법원 (창원) 2013.05.03 2012노358
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal is too unreasonable;

2. The judgment of the defendant recognized the crime of this case and recognized the favorable sentencing factors, such as the fact that the defendant is divided, and that the victims and the victims have agreed smoothly.

However, even though the Defendant had previously been punished four times due to drunk driving or unlicensed driving, etc., even though he was under suspension of the execution due to drunk driving or unlicensed driving, he also recognized a disadvantageous sentencing factor, such as the fact that he was under the influence of alcohol without a driver's license and caused a traffic accident by driving a motor vehicle while under the influence of alcohol without a driver's license, and thereby, he did not take measures such as injuring the victims and damaging it, and escape from it

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence sentenced by the first instance court is deemed to be adequate, and it cannot be deemed that it is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

(However, since it is apparent that Article 268 of the Criminal Procedure Act is omitted in the following "No. 2" of the 3th sentence of the first instance court, it shall be corrected to add it in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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