특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for two years.
Defendant
B.
1. On November 22, 2016, Defendant B filed an appeal against the lower judgment, and on March 13, 2017, Defendant B failed to submit a statement of reason for appeal within 20 days even if the lower court received the notification of receipt of the records of trial at his/her address and received the notification of receipt of the records of trial at his/her address. Defendant B did not state the reason for appeal in the petition of appeal and cannot find any reason ex officio.
Therefore, Defendant B’s appeal should be dismissed pursuant to Article 361-4(1) of the Criminal Procedure Act, but as long as Defendant A’s appeal is pronounced, it shall also be dismissed by the judgment.
2. Judgment on Defendant A’s appeal
A. The decision of the court below on the gist of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.
B. The Defendant committed a crime of this case during the repeated crime period, even though he/she was sentenced to imprisonment for a year and six months due to fraud, etc., and was sentenced to imprisonment for a crime of fraud, etc., the Defendant committed each of the instant crimes during the repeated crime period.
Each fraud crime is committed by a majority of the victims and the number of victims, and it was not received from victims.
In the case of each injury crime, the victim's face and so on are not good and the crime is not committed because of the reason that the victim is dead or the defendant is trying to report the traffic accident caused by the defendant to the police.
B. The Defendant caused a traffic accident by negligence in violation of signal, resulting in the victims' personal and material damage, and attempted to flee as it is, and even during the trial due to the above crime, the Defendant committed a second alcoholless driving crime.
The criminal liability of the defendant is heavy.
However, it is relatively minor that the defendant recognized all the facts charged, and the degree of injury of victims due to the escape vehicle crimes is relatively minor, G of the victim of the above crime, and Q of the victim of each injury in each of the original trials.