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(영문) 수원지방법원 2018.12.12 2018노6777
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable to the fact that the defendant's mistake is divided and reflected, the victim's injury is minor, the victims do not want punishment against the defendant, and there are family members to support the defendant.

However, the Defendant, while driving alcohol in an unlicensed state after drinking, failed to take measures such as aiding victims of traffic accidents, and escaped without taking such measures. The Defendant repeated the instant crime, including imprisonment without prison labor, twice a fine due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, three times a fine due to drinking driving, and two times a suspended sentence due to imprisonment with prison labor due to a non-licensed driving, and appears to have taken into account the favorable circumstances for the Defendant at the lower court, and there is no special circumstance or change that may be considered for sentencing newly after the issuance of the lower judgment. In full view of all the sentencing conditions of the instant case, including the Defendant’s age, sexual behavior, environment, and the background and consequence of the instant crime, and the circumstances after the crime, etc., it is deemed that the lower court’s punishment is too heavy or is unreasonable as it is difficult to find the Defendant and the prosecutor’s aforementioned assertion

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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