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(영문) 의정부지방법원 2016.08.11 2016노1256
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. It is recognized that the injury suffered by the victim is relatively minor, that the defendant agreed with the victim, and that the defendant has a family member to support.

However, the defendant, while driving under the influence of alcohol without a license, escaped without taking measures to deal with traffic accidents, and the nature of such crime is not easy.

In addition, the defendant committed the crime of this case in the same kind, even though he had five-time criminal records of violation of traffic law (drinking driving), and is under the suspension of the execution of imprisonment due to the same criminal records.

In order to achieve the purpose of safety of road traffic and the prevention of punishment, it seems inevitable to sentence the defendant to the punishment, and the court below decided the punishment within the scope of the punishment which reduced the amount of punishment after the choice of imprisonment. There is no special change in circumstances that make the judgment of the court below and the punishment different.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court 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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