특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months, the fine of three hundred thousand won) is too unreasonable.
2. The following facts are favorable to the Defendant.
The defendant is against the defendant.
There is no history of criminal punishment in the Republic of Korea prior to the instant case.
The defendant seems to have suffered injury due to the traffic accident of this case.
On the other hand, the following is disadvantageous.
The defendant, while driving a non-insurance off-to-land without a driver's license, has shocked the bicycle before and without any relief measures to injure the victim, and runs away without any relief measures, and the quality of the crime is very serious.
After the expiration of the period of stay in Korea as a foreigner, the defendant illegally stayed in Korea and committed the instant crime.
There was no agreement with the victim.
The victim's injury is serious, and even though the defendant could not expect the victim to recover from damage through insurance by driving non-insurance dives, the defendant himself did not have any effort to recover damage.
In addition, comprehensively taking account of various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, and circumstances after the crime, the defendant's assertion is without merit, since it is not recognized that the sentence of the court below 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.