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(영문) 대구지방법원 2015.07.23 2015노2113
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant is in line with the mistake of the crime of this case in depth, and the defendant does not repeat the vehicle while selling it.

The degree of the instant accident is relatively weak, and the degree of injury suffered by the victims is relatively minor.

It is also recognized that the defendant deposited a total of 2 million won for victims in the court below.

However, the crime of this case committed by the defendant while driving a drunk, resulting in a traffic accident and resulting in injury, etc. to the victims, but did not immediately stop and take necessary measures, such as aiding and abetting the victims, and the liability for the crime is not easy.

Before committing the instant crime, the Defendant had been punished several times including suspended sentence due to drinking driving, and had been tried for driving under the influence of drinking, which is the same kind of crime, and had committed the instant crime while driving again without being aware of it.

The blood alcohol concentration of this case is very high to 0.201%, and the quality of the crime is not good.

As examined earlier, the defendant has the same kind of power several times, and even though he was tried for the same kind of crime, even if he committed the crime in this case, it is not visible that he was committed, and it is inevitable to punish the defendant as to his punishment due to the high risk of recidivism.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the punishment sentenced by the court below cannot be deemed unfair because it is too unreasonable.

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

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