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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2012.12.28 2012노3835
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year of imprisonment, two years of probation, 80 hours of community service, and 40 hours of compliance driving) is too unreasonable.

Judgment

There are circumstances that can be considered in light of the circumstances, such as the fact that the defendant made a confession of the crime, the fact that the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and the endeavor to recover damage.

However, in full view of the Defendant’s age, family relation, criminal record, character and conduct, environment, motive and circumstance of the crime, method and method of the crime, etc., the Defendant is deemed to have been sentenced to a fine for the same kind of drinking driving, and thus, the Defendant is deemed to have been sentenced to an excessive punishment, and thus, the Defendant is deemed to have failed to take necessary measures for drinking driving, and the Defendant was making a second-hand driving without taking necessary measures. Furthermore, the Defendant’s assertion is without merit, inasmuch as it is deemed that the Defendant’s punishment imposed by the lower court is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.

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