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(영문) 인천지방법원 2014.10.22 2014노2206
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant's act of misunderstanding the fact that the accident occurred.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, the defendant found the victim's vehicle driven in the third line while driving in the second line and changing the third line into the third line, and followed the brake system in the status of the second line and the third line, and the victim was trying to avoid the defendant's vehicle, lost the center, lost the vehicle in the front of the defendant's vehicle, and cut off to the first line, thereby falling into conflict with the central separation zone. Thus, the defendant was aware that the accident occurred due to the defendant's act at the time of the instant case, or at least did so.

Therefore, this part of the defendant's argument is without merit.

B. In full view of all the sentencing conditions indicated in the records and arguments of the instant case of unfair sentencing and the fact that the Defendant had the same criminal records and did not agree with the victim, the lower court’s punishment is too unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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