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(영문) 대전지방법원 2017.12.20 2017노3190
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflected the instant crime, the victim’s injury is not relatively much severe, the Defendant’s vehicle is subscribed to an automobile comprehensive insurance policy, and there is a family member to support.

However, the crime of this case is disadvantageous to the following: (a) the Defendant runs away without taking relief measures despite the occurrence of a traffic accident, such as injuring three victims; (b) drinking and driving without a license; and (c) the quality of such crime is not very good; (d) the Defendant commits the crime of drinking or non-licenseing; (b) the Defendant committed an additional crime of drinking or non-licenseing while being tried for the crime, such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Domination), and the victims did not agree with the victims; and (c) the Defendant was punished on several occasions due to drinking or non-licensed driving.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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