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(영문) 울산지방법원 2015.04.03 2015노148

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. In light of the favorable circumstances, such as the following: (a) the victim F did not want to be punished by the Defendant; (b) the victim F did not want to be punished; (c) the victim’s injury and damage is relatively minor; and (d) the victim F did not have any power to be punished by a suspended sentence or higher; (b) the Defendant escaped without taking any measures to inflict injury on the victim by shocking the vehicle of the victim F, and destroying the vehicle; (c) the Defendant was investigated by the investigative agency in the instant accident; (d) the Defendant did not make all efforts to recover the damage before being detained by the detention warrant issued during the instant trial as well as after being investigated by the investigation agency; (d) even if there was the past punished by drinking or unlicensed driving from around 205 to 2013 and 2014; and (e) the Defendant continued to drive without a license even after attaching another vehicle license plate even if the vehicle license plate was kept in custody due to default of taxes such as automobile tax.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and various factors of sentencing indicated in the record, such as circumstances after the crime, etc., the sentence of the lower court is too unreasonable. 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 since it is without merit. It is so decided as per Disposition.

However, in accordance with Article 25 of the Regulation on Criminal Procedure, the lower court’s application of the Act No. 4, No. 8, and No. 9 of the Regulation on Criminal Procedure to “the violation of the Road Traffic Act (unauthorized Measures after Accidents)” shall be deemed to be “the violation of the Road Traffic Act (unauthorized Measures after Accidents)”, “the violation of the Road Traffic Act (Unauthorized Driving)” in No. 13, No. 4, 15, and 16 shall be deemed to be “each violation of the Road Traffic Act (Unlicensed Driving)”, and “the most severe punishment.”