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(영문) 대구지방법원 2018.09.06 2018노2366

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (10 months of imprisonment) is too large and unfair.

2. The Defendant agreed with the victims of the instant traffic accident, and deposited KRW 2 million in the lower court’s judgment and KRW 17.6 million in the first instance trial for the victims of the instant traffic accident.

However, the Defendant committed the instant crime during the period of repeated crime after the execution of imprisonment was completed due to such crimes as violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Violation of Road Traffic Act (unlicensed Driving), the Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a escape vehicle).

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, the sentencing of the lower court is not unfair.

3. The Defendant’s appeal is without merit. Thus, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act (Provided, That the application of the statute of the lower judgment clearly shows that the entry of reduction of volume was omitted by mistake, and thus, pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “1. Small amount reduction: 53 and 55(1)3 of the Criminal Act are added.”