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(영문) 서울중앙지방법원 2017.06.15 2016노5384
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

When considering the following circumstances, the sentence (6 months of imprisonment and one year of suspended execution) of the court below is too unreasonable.

The defendant is preparing for the examination of certified labor workers, certified tax accountants, etc., but the previous conviction can be disqualified for application.

After the accident, the defendant requested the victims to take relief measures and took measures such as rescue and communication of insurance companies.

Judgment

On April 30, 2016 at the investigation stage, the Defendant submitted a written agreement stating that “The victim shall be paid KRW 3 million to the victim as above on the condition that the victim did not state the reason for drinking alcohol, etc. of the Defendant, but the victim shall be paid in full to the Defendant” (Evidence Record 99 pages).

However, the crime of this case was committed by the Defendant for more than 8:00 a.m. and was driven by the Defendant at around 8:0 a.m. (Evidence Records 41, 42 pages), and the vehicle driven by the center line and the opposite part, and then the accident occurred in the vicinity robot, such as the stop of the vehicle, is not easy, but rather, leaving the scene of the accident without taking relief measures, and the nature of the crime is heavy.

In full view of all the sentencing conditions, such as the Defendant’s age, sex, environment, and circumstances after the commission of the crime, even if considering the circumstances alleged by the Defendant, the lower court’s punishment is determined within the scope of the sentencing discretion, and it cannot be deemed unfair because it is too unreasonable.

The sentencing criteria shall be applied [the scope of recommended punishment] the type 1 (the act of escape after injury) after traffic accidents.

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