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(영문) 서울동부지방법원 2015.01.16 2014노1529
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. The judgment of the court below is divided into depth and reflects the defendant's mistake, the defendant agreed with all victims in the investigation stage, and the vehicle is covered by comprehensive insurance, and there are some circumstances that may be taken into account the motive and circumstances leading to each of the crimes of this case. However, each of the crimes of this case was committed without driver's license by the defendant while driving a motor vehicle at a level of 0.151% of blood alcohol level without a driver's license, and causing a traffic accident while driving the motor vehicle at a level of 0.151% of the central line without a driver's license, causing the driver of the other motor vehicle and his/her passengers, and destroying the other motor vehicle at the same time, and the degree of negligence of the victim and the degree of damage to the motor vehicle, the defendant's age and damage to the victim, the defendant's imprisonment with prison labor for up to 4 months on February 2, 2013, without being sentenced to a grace period for each of the crimes of this case, and thus, it cannot be accepted that the defendant did not have been subject to a fine and an unfavorable punishment.

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

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