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(영문) 서울남부지방법원 2020.07.21 2019노902
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The circumstances where victims of misconception of facts and misapprehension of legal principles were victims are extremely minor and do not constitute injury, and the damage caused by damage does not cause any danger or obstacle to road traffic due to minor damage, and thus the defendant's act does not constitute occupational injury, escape after the death of the victim, and non-measures after traffic accident.

B. The court below's decision on unreasonable sentencing: 10 months of imprisonment, 2 years of suspended execution, and 120 hours of probation and community service order

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts and misapprehension of legal principles has also made the same assertion, and the court below rejected the defendant's assertion based on the circumstances as stated in its holding. The judgment of the court below is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles, and this part of the defendant's assertion is without merit

B. The lower court’s sentencing is not deemed to have exceeded the reasonable scope of discretion in light of the following: (a) the degree of damage on the assertion of unfair sentencing is insignificant; (b) the damage caused by the insurance purchased by the Defendant will be recovered; (c) the fact that only one’s own position appears to have been emphasized and reflected even after the occurrence of a traffic accident; (d) the fact that there was three previous convictions of drinking or unlicensed driving; (c) the victims have not been agreed upon; and (d) other various conditions of sentencing as indicated in the argument of the instant case, including the background of the accident and escape; and (e) the character and conduct of the Defendant, and the environment, etc., the lower court’s sentencing is not deemed to have been exceeded the reasonable scope;

3. In conclusion, 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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