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(영문) 대구지방법원 2014.11.27 2014노3415
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized the mistake of the crime of this case and is against the law.

However, in 2006 and 2010, the Defendant was punished for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents. In particular, in 2010, the Defendant had the power to cause a death accident, and driving again with the power to cause a death accident, and does not immediately stop the accident and does not take necessary measures, and runs away with the nature of the crime.

The traffic accident of this case is serious in the degree of negligence of the defendant, because the defendant was fluoral of the victim who proceeded along the lane while getting on and going to the left at the left. Accordingly, the degree of damage caused by the victim's injury, such as the fluoral flacing on the left side which requires approximately 12 weeks of treatment.

Although the defendant subscribed only to the liability insurance, the defendant did not make efforts to recover damage, such as the repayment of damage or deposit, until the court of trial.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below cannot be deemed unfair.

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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