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(영문) 수원지방법원 2016.01.20 2015노3643
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (five million won a penalty) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant led to the confession and reflect of each of the crimes of this case; (b) the degree of injury suffered by the traffic accident victims is relatively minor; (c) the victims want to be punished under a comprehensive insurance agreement with the victims; (d) there are family members to be supported; (e) economic circumstances are difficult; and (e) health is not satisfactory; (b) each of the crimes of this case runs away without taking any measures against traffic accidents causing human and material damage by the victim's negligence while driving; and (c) the nature of the crimes of this case is not good in light of the contents of the crimes; (d) the defendant repeated each of the crimes of this case, including the previous crimes, even though there was a number of times of punishment including the same crime of this case; (d) the statutory penalty for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of this case (a) constitutes imprisonment with prison labor for more than one year, but not more than three million won and less than three million won; and (d) the motive and circumstances that of the defendant's reasonable punishment of the court below seems to be reasonable.

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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