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(영문) 광주지방법원 2016.12.13 2016노962
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the Defendant asserts that the Defendant is too unfasible and unfair against the lower court’s punishment (five million won of a fine), the Prosecutor appealed to the lower court by asserting that it is too unfasible and unreasonable.

2. The determination of the Defendant’s negligence that could not accurately operate the steering direction and brakes, resulting in an accident to inflict an injury on the victim and to damage the damaged vehicle, and escape from the dangerous method that does not immediately stop the vehicle, and thus, is not easy to take measures for the crime.

On the other hand, the defendant is in profoundly against the crime, and the degree of injury to the victim or the damage to the vehicle is relatively large due to the accident, the defendant agreed with the victims, and there is no record of punishment for the crime.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, circumstances after crimes, etc. and all the sentencing conditions indicated in the instant records and arguments, the Defendant and the Prosecutor’s allegation of unfair sentencing is difficult

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

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