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(영문) 대구지방법원 2014.10.23 2014노2795

특정범죄가중처벌등에관한법률위반(도주차량)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment defendant did not have the record of criminal punishment after entering Korea, and recognized the mistake of the crime of this case and reflects the depth thereof.

The degree of damage caused by the instant traffic accident is relatively minor due to the occurrence of an injury, such as a climatic and drilling base, which requires two or three weeks medical treatment.

However, the Defendant, while driving a vehicle not covered by mandatory insurance without obtaining a driver's license, while under the influence of 0.101% alcohol level, caused the instant traffic accident. As above, the Defendant, while driving the vehicle without obtaining a driver's license, did not take necessary measures such as aiding and damaging the damaged vehicle to the extent of 8,427,155 won, and stopping the vehicle to rescue the victim, and the nature of the crime is heavy.

When the defendant was investigated by the police station due to the above traffic accident and requested to produce an identification card, the defendant's foreigner registration certificate was presented as if the defendant was an alien registration certificate of another person, and the victim of the traffic accident did not agree with the victim of the traffic accident or did not recover from

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

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.