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(영문) 대구지방법원 2017.10.12 2017노2095
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that, with respect to the original judgment's sentence (10 million won in penalty) as to the summary of the grounds for appeal, the defendant is too unfasible, and the prosecutor is too unfasible and unfair.

2. A favorable condition is that the Defendant recognized the facts charged and reflected in the judgment, the degree of injury to the victim of the traffic accident is relatively less severe, and the driving vehicle is subscribed to an automobile comprehensive insurance policy.

On the other hand, the fact that the defendant, by negligence, escaped without taking necessary measures to cause the instant traffic accident, and even in the past, he/she had been punished several times for traffic-related crimes (including actual criminal records), but committed the instant crime again during the period of repeated crime, and did not receive a letter from the damaged person.

In full view of the above unfavorable circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, background leading to the commission of the crime, circumstances after the commission of the crime, etc., and the fact that it is reasonable to respect the sentencing of the first instance court where there is no change in the conditions of sentencing compared with the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the sentence imposed by the lower court is deemed appropriate, and it is not recognized that the sentence imposed by the Defendant is too heavy or unabrupted.

3. As such, the appeal by the defendant and the prosecutor is without merit, and 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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