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(영문) 수원지방법원 2015.07.22 2015노1220
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of suspended execution in October and one hundred and twenty hours of community service order) to the summary of the grounds for appeal is too unreasonable.

2. The instant crime is driven by a vehicle under the influence of alcohol concentration of 0.119%, even in consideration of the fact that the Defendant was sentenced to a fine not exceeding 200,000 won due to the Defendant’s violation of the Establishment of Homeland Reserve Forces Act in 2005, taking into account the following: (a) the Defendant’s criminal intent and reflects the Defendant’s criminal conduct; (b) the degree of the victim’s injury is relatively heavy; (c) the victim does not want to punish the Defendant; (d) the vehicle driven by the Defendant was subscribed to a comprehensive motor vehicle insurance;

In light of the fact that traffic accidents have escaped without taking necessary measures to inflict personal and physical damage on the victim, the nature of the crime is not good in light of the background, method and content of the crime, and in full view of all other circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the lower court is too unreasonable. Thus, the Defendant’s assertion is without merit.

3. Therefore, 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 groundless. It is so decided as per Disposition

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