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(영문) 울산지방법원 2017.09.07 2017노852
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor, three years of probation, observation of protection, community service order 200 hours, and 80 hours of lecture of compliance driving) is too unreasonable.

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

With the agreement with the victim, the injured party does not want to punish the accused.

The crime of this case committed at a disadvantage: The defendant's act of this case committed an act in violation of the signal while driving a van while drinking, resulting in an injury by shocking the damaged person who dried the crosswalk in accordance with the pedestrian signals, but runs away without stopping but is not good.

The defendant has been punished for three times for traffic crimes.

In light of the following circumstances, including the above favorable circumstances, the Defendant’s age and character environment, relationship to victims, motive and consequence of the crime, the circumstances after the crime, etc., as well as the various sentencing conditions indicated in the present arguments and records, and the scope of the recommended punishment according to the sentencing guidelines (6 months to one year) / [the scope of the recommended punishment] mitigated area (6 months to one year after the injury) (including special mitigated person) (including efforts to recover damage), the mitigated area (6 months to one year after the injury) was reduced (including special mitigated person) after traffic accident, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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