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(영문) 대전지방법원 2016.11.16 2016노1130

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence in August, community service order, 80 hours of community service order, and 40 hours of order to attend a compliance driving lecture) of the lower court is too unreasonable.

2. It is recognized that the circumstances such as the defendant's agreement with the victims that the victims did not want the punishment of the defendant, the victims' injury was not heavy, and the defendant committed the crime of this case in the appellate trial.

However, the Defendant caused the instant traffic accident by a dangerous driving, such as making a right-hand turn to the right-hand turn at the intersection, and according to the circumstances, the Defendant’s liability is not weak according to the following: (a) the degree of breach of the duty of care cannot be deemed to be less severe; (b) the crime of this case is bad, such as immediately leaving the site without causing any traffic accident; and (c) the Defendant’s act of this case was denied to the investigation agency and the lower court to the point where it was not against the law

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.