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(영문) 인천지방법원 2013.08.30 2013노1814
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is deemed to have judged that the defendant led to the crime, although he had the ability to be punished for drunk driving, and even if he had caused an accident while driving a motor vehicle of this case which was not covered by mandatory insurance, it is not clear that the above motor vehicle was driven in the state of re-driving and did not immediately stop the accident, but runs away without taking necessary measures. The damage recovery is not performed, the court below's sentence against the defendant is determined in full consideration of the above various circumstances, and there is no change of circumstances that are different from the judgment of the court below, and there is no other change of circumstances that can be different from the judgment of the court below and the punishment in this case as well as all other circumstances that are conditions for sentencing as shown in the argument and the record of this case such as the defendant's age, character and character and environment. Thus, the defendant's argument cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, the "Article 138-2 (2) 2" of the first two parallels of the judgment of the court below is a clerical error in Article 148-2 (2) 2, and it is clear that the "Dismissal" was omitted in the front of the "Road Traffic Act" of the third parallel of the judgment of the court below, and it is corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

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