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(영문) 서울중앙지방법원 2018.04.06 2018노109
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (the imprisonment of eight months) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The lower court determined the Defendant’s imprisonment for eight months, taking into account the following factors: (a) the circumstances favorable to the Defendant: (i) the commission of a crime; (b) the Defendant’s recognition of and reflects on the commission of a crime; (c) the Defendant’s vehicle is covered by a comprehensive insurance policy; and (d) the Defendant had been punished due to drinking, driving without a license; and (d) the Defendant had not been so long as the license was revoked due to driving without a license for drinking; and (e) the Defendant had escaped from a traffic accident, such as the injury to a vehicle under a license for driving without a license for drinking; and (e) has refused to measure drinking; and (e) the Defendant’s age, sexual behavior

In full view of the factors constituting the conditions for sentencing as expressed in the sentencing review process of the lower court, the lower court’s sentencing exceeded the reasonable scope of its discretion.

In addition, it is difficult to see that there is no change in the conditions of sentencing between the court below and the court below, and therefore, the sentence imposed by the court below is deemed appropriate, and it does not seem that it is too heavy or unreasonable.

Ultimately, the defendant and the prosecutor's above assertion are without merit.

In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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