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(영문) 의정부지방법원 2016.01.19 2015노2610
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (2,00,000 won) on the summary of the grounds of appeal is too unreasonable.

2. The reason why consideration is given to the fact that the defendant's decision is difficult to economic situation, and that the defendant's vehicle is covered by comprehensive insurance and the cost of repairing the damaged vehicle is covered by insurance.

However, the instant crime was committed while the Defendant destroyed and escaped from the damaged vehicle that the Defendant attempted to conceal drinking (the drinking part is less than the standard level of punishment and is not separately prosecuted). Although the Defendant had already been punished once for drinking driving, the Defendant again committed the instant crime while driving after drinking, even though he had had the record of having been sentenced to punishment once, which led to such crime; the Defendant again committed the instant crime even though the traffic-related crime was completed one time after the suspension of indictment was completed in 2013, even though the Defendant had been under one time, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, motive, means, and consequence, etc., the sentence of the lower court is too unreasonable.

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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