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(영문) 광주지방법원 2017.08.31 2017노2687

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. The following circumstances are favorable: (a) the Defendant’s mistake is against the victim; (b) the victim does not want punishment against the Defendant by mutual agreement with the victim; and (c) the Defendant subscribed to a comprehensive insurance policy; (d) the instant crime is extremely poor in the quality of the crime; (c) the Defendant escaped without taking any measures to cause a traffic accident while driving without a license; (d) the record of criminal punishment due to drinking driving reaches three times; and (e) the Defendant’s age, sex behavior, environment, family relationship, circumstances after committing the instant crime; and (e) other various sentencing conditions specified in the records and arguments, including the circumstances after committing the instant crime, do not seem to be unfair because the sentence of the lower court is too unreasonable.

3. In the conclusion, the appeal by the defendant is without merit and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That in accordance with Article 25(1) of the Regulation on Criminal Procedure, the court below’s ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “Articles 148 and 54(1) of the Road Traffic Act (the point where measures are not taken after an accident)” as “Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016)” as “Article 148 and 54(1) of the former Road Traffic Act (the point where measures are not taken after an accident).”