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(영문) 서울중앙지방법원 2017.08.24 2017노1057
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence (the imprisonment of eight months, the suspension of the execution of two years, and the community service time of 160 hours) sentenced by the court below is too unreasonable.

Judgment

Application of the sentencing guidelines [Scope of Recommendation] In the case of driving alcohol (1 to 3 years) in the aggravated area (1 to 3 years) after traffic accidents, the main reason for suspended execution [whether suspended execution is suspended] is positive (no record of criminal punishment). The defendant is the first criminal defendant and the defendant is against the punishment.

Defendant

The fact that driving vehicles are covered by a comprehensive motor vehicle insurance and the insurance money for the victim's injury and vehicle damage is paid (38 pages of evidence records, 39 pages of trial records) is favorable.

However, by entering the intersection by violating the signal, the Defendant 1 suffered an injury to the driver of the damaged vehicle in need of three weeks of medical treatment, and escaped without any rescue measures even though the repair cost is 3.6 million won, by damaging the damaged vehicle.

At the time, the Defendant was in the blood alcohol concentration of 0.117%.

The nature of the crime is heavy in light of the content of the crime and the circumstances of the escape.

The sentence of the lower court is sentenced to a lower sentence than the sentencing criteria, and it cannot be deemed unfair because it is too unreasonable in light of all the sentencing conditions, including the Defendant’s age, sex, environment, and circumstances after the crime.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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