(영문) 창원지방법원 2016.06.16 2016노629 | 리걸엔진

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(영문) 창원지방법원 2016.06.16 2016노629

특정범죄가중처벌등에관한법률위반(도주차량)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

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

2. The defendant was punished six times in total due to driving of drinking or refusing to measure drinking. Among them, two times of suspension of execution was sentenced, and in 2008, he was sentenced to imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes during driving without a license for drinking, and was sentenced to imprisonment with prison labor for one year and two months. Nevertheless, even though he was under high alcohol level of 0.145% during driving of the instant drinking while driving of the instant drinking, he was under the influence of high alcohol level of 0.145% and was off the scene of the instant accident without taking measures such as rescue for the victim, it is inevitable to pronounce strict punishment against the defendant.

On the other hand, it is reasonable to consider the fact that the defendant led to the confession of the crime and reflects the fact of the crime, and that the victim does not want the punishment against the defendant.

The lower court, including the aforementioned circumstances, determined the punishment by fully taking into account the circumstances surrounding the sentencing of the Defendant within the scope of the sentencing guidelines, and determined the punishment within the reasonable scope.

In addition, there is no circumstance that can be newly considered in the court room. Therefore, the court below's punishment is too heavy or it is not deemed unfair because it is too heavy.

3. If so, the appeal by the defendant and the prosecutor is without merit. Thus, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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