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(영문) 부산지방법원 2013.10.18 2013노2208
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of two years of suspended execution, 80 hours of community service order, and 40 hours of lecture attendance order for compliance driving in the eight months of imprisonment sentenced by the court below is too unreasonable.

2. It is recognized that the Defendant recognized all of the crimes of this case and divided his mistake, and the degree of injury suffered by the victims due to the accident of this case is not more severe, and the vehicle of this case is affiliated with the mutual aid association, the Defendant has no record of being punished for the same kind of crime before, the Defendant has family members who will support the Defendant, and the Defendant is expected to suffer some difficulties in supporting family members when providing community service or attending lectures.

However, in light of the fact that the crime of this case was committed by the defendant while driving a taxi, and that the defendant escaped while driving the taxi, and the distance of the defendant escaped, the victims concealed the vehicle, etc., it does not seem that there was any urgent or inevitable circumstance that the defendant should leave the scene of the accident; the defendant was demanded to contact the victim who was driving away from the scene of the accident; the victim has not yet been agreed with the victims; the defendant has been punished several times, including the previous punishment, but all other circumstances, including the defendant's age, environment, family relations, occupation, circumstances leading to the crime of this case, circumstances after the crime, etc., the sentence of the court below is unreasonable.

Defendant’s assertion is without merit.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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