특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of the execution of two years, and the order to attend a law enforcement lecture 40 hours) is too unreasonable.
2. However, the defendant recognized and reflected the crime.
The victims' injuries are relatively heavy.
The defendant, after escape, was allowed to re-entry Korea.
The victims do not want the punishment of the defendant by mutual consent between both victims and victims.
The defendant is the first offender.
As such, there is a long-term situation to be considered favorable to the defendant. However, the defendant is driving a vehicle not covered by mandatory insurance, and the defendant escaped as it is, as it is, a traffic accident. Since the vehicle driven by the defendant exceeds 10 kilometers, the vehicle was discarded at the vehicle string, and the situation after the crime is not good after leaving China on the following day.
As such, there is a person who is disadvantageous to the defendant.
In addition, in full view of all other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the sentence of the lower court cannot be deemed to be unfair because it is too large. Therefore, the Defendant’s assertion is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.