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(영문) 대구지방법원 2013.04.25 2012노3888
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (hereinafter referred to as a fine of KRW 13 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment of the defendant has a record of having been sentenced to several times due to a violation of the Road Traffic Act (a suspended sentence, a fine) or a violation of the Road Traffic Act (a without a license), and on January 5, 2012, he/she was sentenced to imprisonment for six months due to a violation of the Road Traffic Act (abstinence) or a violation of the Road Traffic Act (abstinence) or two years due to a suspended sentence, and again committed the crime of this case during the suspended sentence.

The crime of this case is highly likely to cause a traffic accident and escape even though the victim suffered an injury.

However, according to the records and arguments of this case including the defendant's age, character and conduct, environment, motive and background leading to the crime of this case, method and result of the crime of this case, and circumstances before and after the crime of this case, the sentencing of the court below is appropriate, and it cannot be said that it is too heavy or unreasonable.

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

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