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(영문) 울산지방법원 2014.11.18 2014노794
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (a fine of eight million won) imposed on the defendant by the court below is too heavy or unreasonable.

However, the Defendant, without being aware of the fact that he was under the influence of alcohol while driving a vehicle without being aware of the fact that he was under the influence of a repeated crime, has escaped, and the blood alcohol content is considerably high by 0.203%, and the same criminal record is not the same criminal record as a result of repeated passing fraud, which was finalized on June 5, 2011, and is not the same criminal record, and there is no record of punishment in relation to driving between the last 10 years, the degree of damage to the victim is not significant, the comprehensive insurance is covered by a comprehensive insurance and agreed with the victim, and all other sentencing conditions, such as the Defendant’s age, character, character, environment, and circumstances after the crime, etc., the Defendant’s sentence imposed by the lower court is deemed reasonable, and it is not unreasonable or unreasonable. Therefore, the Defendant and the prosecutor’s assertion of unfair sentencing is rejected in its entirety.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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