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(영문) 수원지방법원 2020.01.09 2019노5021
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, 40 hours of community service, 40 hours of compliance driving) is too unreasonable; and

2. The judgment of the court below is deemed to have already been considered in the sentencing of the court below, even though it is recognized that the defendant confessions the crime of this case and reflects his mistake in depth, and that the victim did not suffer injury and the defendant does not want the punishment of the defendant by agreement with the victim.

In addition, the crime of this case was committed by the defendant while driving about about 1 k meters alcohol level while under the influence of alcohol level of 0.152%, and waiting for signal, and was injured by the victim, without any rescue measures. In light of the method and content of the crime, etc., the nature of the crime is very poor in light of the method and content of the crime. The crime of drinking driving or the crime after the accident was committed is directly and specifically dangerous to the life and body of the general public, and thus, it is necessary to punish the defendant. The defendant has the power of being sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act on September 30, 2015. Considering the following circumstances: (a) equity in sentencing with similar and similar cases; and (b) the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime; and (c) the circumstances after the crime, etc., the defendant's health situation is unreasonable even if the defendant's wife asserts excessive treatment.

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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