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(영문) 전주지방법원 2015.11.13 2015노1072
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant reflects the mistake while making a confession of the crime of this case, the defendant deposited KRW 2 million for the victim in the trial of the party, and the defendant has no record of criminal punishment exceeding the fine, etc. are considered favorable to the defendant.

However, in light of the fact that the crime of this case was committed by the defendant while driving a car under the influence of alcohol of 0.189% with a blood alcohol concentration, and the victim who was getting a bicycle on the front side was shocked without taking any relief measures, etc., and the nature of the crime is bad and heavy in light of the contents and result of the crime, and in particular, even though the witness reported to the defendant after the accident of this case, he was said to have escaped without any relief measures, the crime of this case is highly likely to be subject to criticism; the victim still has not yet reached an agreement with the victim or has not recovered from damage even though he was in a serious obstacle to the present situation, and all other sentencing conditions as shown in the argument of this case, such as the age, character and conduct of the defendant, family environment, etc., it is not recognized that the punishment imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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