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(영문) 광주지방법원 2019.05.28 2019노738

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment of the defendant recognized the crime of this case and divided the error in depth, and it is recognized that the situation in which the victims and the victims have agreed smoothly at the investigation stage is recognized.

However, the defendant has been punished several times due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Unlicensed Driving).

On May 8, 2018, the Defendant was sentenced to a suspended sentence of imprisonment for a crime of violation of the Road Traffic Act (LA). It is difficult to exempt the Defendant from severe punishment because he/she left the site without taking necessary measures even though he/she caused a traffic accident while driving without a license during the period of the suspended sentence that he/she should know.

There is no change in sentencing conditions that can be newly considered in the trial compared with the original judgment.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.