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(영문) 대구지방법원 2019.02.15 2018노4808
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the Defendant recognized the instant crime and reflected, deposited KRW 5 million for the victim H, and that the Defendant’s blood alcohol concentration at the time of the instant case was relatively high by 0.085%.

However, it is also recognized that the defendant has already been punished by a fine due to the same violation of the Road Traffic Act (driving) and that there is no agreement with the victims, and that he has not been absent in the original trial and has not been tried faithfully.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too unreasonable.

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

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