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(영문) 의정부지방법원 2017.12.19 2017노2755

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable.

2. The Defendant, who recognized the instant crime, runs against the Defendant.

There is no record that the defendant was punished for the same crime.

Defendant

The driving vehicle is covered by the comprehensive automobile insurance, and the victim D separately paid one million won to the victim D.

The defendant is aged 76 years of age.

On the other hand, the defendant, while driving the national highway 47 of the two lanes from the steel room to the one lane while driving the two lanes from the steel room, has changed to the one-lane, the defendant, following the left side of the driver's vehicle, is also driving the victim's column, which followed the one-lane in the same direction as the part of the fences of the defendant's driver's vehicle, also faced with the victim's injuries such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and at the same time, runs away without taking necessary measures, such as providing relief to the damaged vehicle by immediately stopping approximately KRW 1710,000 of the cost of repair. In light of the details of the crime, the degree of the accident, etc., the criminal liability is heavy.

In full view of all the above circumstances, the lower court appears to have sentenced the Defendant to the punishment, and there is no special change in the sentencing conditions after the sentence of the lower judgment.

In full view of the above circumstances and other factors of sentencing, such as the defendant's age, sex, occupation and environment, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

The defendant's unfair argument in sentencing shall not be accepted.

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.