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(영문) 춘천지방법원 2013.07.24 2013노214
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months, confiscation) that the court below sentenced against the defendant is too unreasonable.

2. Although each of the crimes of this case was committed under favorable circumstances such as the fact that the defendant recognized all of the crimes of this case and reflected, each of the crimes of this case was committed without taking necessary measures to cause traffic accidents while driving a taxi while under the influence of alcohol. The crime of this case was committed by providing game products other than the game products rated and providing game products and exchange the results thereof to the victims of this case, which is not less than the nature of the crime. Nevertheless, the defendant did not reach an agreement with the victims of the traffic accident of this case until the trial. The defendant's blood alcohol concentration at the time of the traffic accident of this case reaches 0.174%. The current Road Traffic Act provides that the defendant should be punished more strictly when driving a taxi under the influence of alcohol with a view to preventing the traffic safety of the road traffic and ensuring awareness of this, and there is no need for the court below to punish the defendant by taking into account the circumstances of the defendant's excessive spirit of gambling and impairing his sound social character and behavior, and there is no other serious reason for the defendant's punishment after the crime of this case.

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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