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(영문) 인천지방법원 2013.05.31 2013노67
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (7 million won of a fine) is too unreasonable.

2. The damage caused by the instant accident is relatively minor, and the fact that an agreement with the victim was reached is favorable to the Defendant.

However, in full view of various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, criminal record relationship, circumstances after the crime, motive and circumstance of the crime, etc., where the Defendant’s license was revoked due to drinking driving, and the Defendant did not take any relief measures immediately, and the Defendant’s sentence against the Defendant is deemed to have been determined by fully taking into account the various circumstances as seen earlier, and there is no change of circumstances that may vary from the original judgment and the punishment. In full view of the circumstances alleged in the grounds of appeal, even if considering all of the circumstances asserted by the Defendant in the grounds of appeal, it cannot be deemed unfair since the sentence imposed by the lower court is too unreasonable. Thus, 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 since it is without merit. It is so decided as per Disposition.

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