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(영문) 서울고등법원 2012.11.16 2012노2189
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

The gist of the defendant's grounds for appeal of this case is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

In light of all the circumstances that led to the instant traffic accident, even though the Defendant was under the influence of causing damage, and the Defendant was under the influence of 0.260%, the Defendant’s drinking value was very high, and the Defendant escaped without taking relief measures, etc. after the instant traffic accident, and the Defendant was punished two times due to the violation of the Road Traffic Act due to the violation of the Act on the Punishment of Violence, etc., the Defendant was sentenced to a fine on two occasions due to the violation of the Road Traffic Act due to the refusal of taking a drinking test (a concurrent crime with the violation of the Act on the Punishment of Violences, etc.) and was sentenced to a suspended sentence for two years in 1 and 6 months, and again caused the instant traffic accident. In full view of all the circumstances that led to the instant crime, the circumstances and motive leading to the instant crime, the age and character of the Defendant, the Defendant’s personality and behavior, family relationship, occupation, etc., and the conditions of sentencing as shown in the oral arguments, the sentence of imprisonment for six months against the Defendant is reasonable.

The defendant's ground of appeal is without merit.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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