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(영문) 수원지방법원 2017.08.11 2017노517

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. Determination is the circumstances favorable to the defendant that the defendant reflects the judgment and the victim's injury is relatively minor, the victim seeks the wife against the defendant, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and since 2005, the vehicle of the defendant has no criminal history except a fine due to driving under drinking once after 2005.

However, in full view of the fact that the crime of this case was committed by the Defendant while driving in violation of his duty of care and did not take necessary measures to inflict injury on the victim, and that the nature of the crime was not weak, and that the sentencing conditions of Article 51 of the Criminal Act, which were revealed in the records and arguments of this case, were different from the sentencing conditions of Article 51 of the Criminal Act, and the lower court selected the fine and sentenced the lowest statutory penalty, it is difficult to deem

Therefore, the defendant's above assertion is without merit.

3. In conclusion, 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.

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