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(영문) 창원지방법원 2020.12.10 2020노2007
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. With respect to the summary of the grounds for appeal (along-term) by the lower court, the Defendant appealed to the effect that it is too unreasonable for the Defendant to be sentenced to imprisonment with labor for ten months, and that the prosecutor appealed to the effect that it is too unreasonable.

2. The Defendant, while staying in the Republic of Korea in a state where the period of stay is over, driven a vehicle not covered by mandatory insurance without a driver’s license without a driver’s license, while driving the vehicle while in the state of alcohol, led to the occurrence of a traffic accident involving damage and escape without any measure.

Furthermore, around July 2018, the vehicle operated by the defendant was registered to stop the operation on the ground of theft and loss.

Considering this point, it seems necessary to punish Defendant more strictly.

However, it is necessary to take into account the circumstances favorable to the defendant, such as the fact that the victim expressed his/her intention not to punish the victim, the fact that there was no record of committing the crime in Korea, the fact that he/she was detained for about six months, and the defendant's spouse and children are Cambodia, and the defendant's spouse and children are subject to deportation in accordance with the Immigration Control Act, and if this judgment becomes final and conclusive, the defendant is subject to deportation in accordance with the Immigration Control Act, and

As above, the lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances to the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and records and arguments of the case, it is not deemed that the sentence of the court below against the defendant is too minor or unreasonable.

3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, and each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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