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(영문) 광주지방법원 2016.11.15 2016노623
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the lower court (two years of suspended execution for eight months of imprisonment, one hundred and twenty hours of community service, and an order to attend a compliance driving lecture for forty hours) is too unreasonable;

2. The judgment of the Defendant, when the Defendant was involved in a traffic accident at a level of 0.135% alcohol level, committed a traffic accident, and caused the victim to wear a 6-way throkeel, etc., which is all of the negligence and damage. The Defendant escaped without taking relief measures even though the victim and the throde driven by the victim exceeded the lane, and immediately after the commission of the crime, the Defendant’s liability for the crime was extremely heavy, such as drinking again.

In addition, even in 2003, the defendant has been punished by a fine of five million won by causing a traffic accident while drinking, and even though he has been punished by a fine due to a violation of the Act on Special Cases concerning the Settlement of Drinking Traffic Accidents, it seems that it is difficult to expect the effect of a fine by repeating the crime.

In full view of other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the punishment determined by the lower court through discretionary mitigation is not recognized as being within the reasonable scope of discretion and 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 since it is without merit. It is so decided as per Disposition.

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