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(영문) 대구지방법원 2016.06.09 2015노2630
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of the execution of two years, the community service order 40 hours, the order to attend a law enforcement lecture 40 hours) is too unreasonable.

2. It is recognized that the Defendant recognized the facts charged and reflected against the victim, and that the Defendant agreed with the victim.

However, in full view of the following circumstances, the Defendant committed the instant crime by causing a traffic accident while under drinking, without taking relief measures even without causing injury to the victim even though he/she committed a traffic accident, and driving again after having been punished for driving under drinking, and other circumstances, such as the Defendant’s age, environment, sexual conduct, circumstances leading to the commission of the crime, and circumstances after the commission of the crime, etc., the lower court’s punishment is not deemed to be unfair on account of the fact that the Defendant committed the instant crime.

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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