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(영문) 대전지방법원 2015.06.05 2015노1062
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the confession of all the instant crimes, and the victim’s injury is relatively minor and the Defendant’s driver’s vehicle is being covered by the comprehensive motor vehicle insurance.

B. Meanwhile, the Defendant is driving with a high blood alcohol concentration of 0.106% without a driver's license even though he/she could have been sentenced to a punishment due to a violation of the Aggravated Punishment, etc. of Specific Crimes Act (Aggravated Punishment, etc. of Specific Crimes) and a violation of the Road Traffic Act (U.S.).

In light of the fact that the victims of a traffic accident suffered injury by the victims, and the victim escaped after destroying the damaged vehicle, etc., it is inevitable to sentence the defendant to be sentenced as a penalty because the defendant's responsibility is not somewhat weak.

In addition, the lower court’s punishment is reasonable in light of all the sentencing conditions shown in the instant pleadings, such as the Defendant’s age, family relation, living environment, details and result of the crime, and the circumstances after the crime.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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