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(영문) 청주지방법원 2018.05.24 2017노1633
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment, two years of suspended execution, and 120 hours of community service) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The judgment is based on the following: (a) although the defendant was the first offender who has no record of criminal punishment; (b) even though he/she has led to the confession of all the crimes of this case; (c) the degree of injury suffered by the victims is relatively minor; and (d) the defendant suffers from persuadne persium and persium, the crime of this case is a case where the defendant escaped without taking any measures despite having caused a traffic accident by negligence in contravention of the signal; (c) the crime of this case is a case where the defendant escaped without taking any measures despite having caused a traffic accident by negligence; (d) the nature of the crime is not weak; and (e) no agreement has been reached with the victims; and (e) all of the sentencing factors indicated in the records of this case, such as the defendant's age, sexual conduct, environment, and circumstances after the crime, etc., the sentencing of the court below is too excessive, thereby exceeding the reasonable scope of discretion.

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.

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