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(영문) 의정부지방법원 2020.04.27 2019노2263
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Sentencing (one year and April);

2. The crime of this case is being driven by the defendant in full condition.

The accident was attempted to flee and the driver of the vehicle involved in the accident, and the risk of the accident is very high.

The defendant refused to take a drinking test without complying with it, and obstructed the police officer's performance of official duties.

The victim of the traffic accident committed the crime of this case without being aware of the suspension of the execution of imprisonment with prison labor for other crimes even though he was punished several times due to drinking driving.

The above circumstances constitute grounds for the defendant's heavy responsibility.

Although there are extenuating circumstances, such as the Defendant’s confession of all crimes and deposit of compensation to the police officers who suffered from the crime of obstruction of performance of official duties, the lower court’s punishment is deemed reasonable and too unreasonable, considering all the circumstances that are the conditions for the sentencing of the instant case as indicated in the records, such as the Defendant’s age, character and conduct, environment, background of the crime, and circumstances after the crime.

The defendant's assertion of unfair sentencing is not accepted.

3. In conclusion, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that it has no reason to file an appeal. It is so decided as per Disposition by the court below on the following grounds: “The former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018)” in the application column of Article 25 of the Regulation on Criminal Procedure (amended by Act No. 15530, Mar. 27, 2018) shall be amended as “former Road Traffic Act (amended by Act No. 15530, Sep. 28, 2018; Act No. 16037, Dec. 24, 2018).”

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