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(영문) 광주지방법원 2018.03.21 2018노319
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the judgment, the Defendant’s failure to rescue the victim, even though he was able to obtain a license for a motor vehicle not covered by mandatory insurance, resulting in the Defendant’s death as a result of escape. The Defendant was punished twice by driving without a license even before the instant crime was committed. Nevertheless, the Defendant did not make any effort to recover damage up until now, and the bereaved family members want to be punished for a severe punishment against the Defendant, etc. is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized all of the crimes of this case and repented his mistake in depth, and that the defendant voluntarily surrenders to the investigation agency is favorable to the defendant.

In addition, in full view of all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, sex, and circumstances after the crime, since the sentence of the court below is too heavy or it seems unfair because it is too low, the defendant and the prosecutor's assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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