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(영문) 광주고등법원 (전주) 2014.08.26 2014노118
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant has repented and reflected in depth of his mistake; (b) the degree of injury the victim has not been serious; and (c) the fact that the defendant has reached an agreement with the victim only smoothly; and (d) the defendant has to not drive again after scrapping his vehicle, etc.; and

However, as the court below properly pointed out, the crime of this case was committed by the defendant for 6 months in prison due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and 2 years in prison, and without being aware of the fact that the defendant had been sentenced to the suspension of execution, which caused the accident of this case and escaped while driving his driver's license was revoked, and the defendant had the record of punishment due to drinking driving, etc. in addition to the above suspension of execution, in full view of the following factors: the defendant's age, character, character, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, etc., and the recommended sentencing guidelines as stated in the arguments of this case, even if the judgment below becomes final and conclusive, considering that the sentence imposed by the court below is too unreasonable compared to the extent of the defendant's responsibility, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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