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(영문) 울산지방법원 2017.11.03 2017노1077
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (eight months of imprisonment) is too unreasonable.

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

2. We also examine the arguments of the Defendant and the Prosecutor.

Although the Defendant had been repeatedly punished several times due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of Road Traffic Act (unlicensed Driving), a violation of Road Traffic Act (drinking), a violation of Road Traffic Act (drinking), and a violation of Road Traffic Act (drinking of drinking), etc., the Defendant committed each of the instant crimes. In particular, the Defendant committed each of the instant crimes while the instant case was pending in the judgment of 2016 Highest 4202, which is disadvantageous to the Defendant, such as committing each of the instant crimes of 2017 Highest 2510, and committing a violation of the Road Traffic Act (drinking of drinking), it is deemed that there is a very high risk of recidivism. In the event of the instant crime, the Defendant committed a violation of the Road Traffic Act (d

On the other hand, the degree of injury suffered by the victim of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is relatively minor, and the defendant agreed at the court below only with the above victim, the risk of driving and driving without a license of this case is realized, and no traffic accident has occurred, and the defendant has a favorable condition for the defendant, such as the defendant's family relation, economic situation, age, sexual behavior, environment, and circumstances after the crime, etc., and the scope of recommended punishment according to the sentencing guidelines, comprehensively taking account of all the sentencing conditions and the sentencing guidelines and the scope of recommended punishment as stated in the argument of this case, such as the defendant's family relation, economic situation, age, sexual behavior, environment, and conditions after the crime.

Therefore, the defendant and the prosecutor's argument are without merit.

3. As such, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That the court below's application of the law to "1. concurrent crimes" among the "application of the law" of the judgment below is limited.

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