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(영문) 부산지방법원 2020.09.10 2020노1337
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the summary of the grounds for appeal (two years of imprisonment) shall be inappropriate;

2. The lower court determined that a sentence was imposed by comprehensively taking account of the records of punishment for drunk driving, such as a crime of probation, the circumstances of escape after traffic accidents, and agreement with some victims.

The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.

Although the sentencing criteria do not apply to crimes in the ordinary concurrent relationship, the sentencing factors and other factors of sentencing set forth in the sentencing criteria are reviewed in this court, it is not unreasonable to determine the sentencing of the original court.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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