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(영문) 춘천지방법원 강릉지원 2015.10.08 2015노335
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. The judgment is advantageous to the fact that the defendant recognized the crime and reflected, agreed with the victims, the victims' injuries are relatively minor, and dump trucks driven by the defendant are subscribed to automobile insurance.

However, in full view of the following: (a) there are many criminal records of the same kind including punishment, probation, etc.; (b) particularly, during the period of probation due to drunk driving, the Defendant’s age, character and behavior, environment, the circumstances, means and consequence of the instant crime; and (c) various sentencing conditions in the instant case, including the circumstances before and after the instant crime, it cannot be deemed that the lower court’s punishment is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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