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(영문) 창원지방법원 2015.11.12 2015노1999
도로교통법위반(사고후미조치)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant appealed respectively on the grounds that the Defendant’s imprisonment (six months of imprisonment) declared by the lower court is too uneasible, and the prosecutor is too uneased and unreasonable.

2. The circumstances favorable to the defendant include: (a) the confession of the criminal facts and reflects the criminal facts; (b) the damage caused by traffic accidents is relatively minor; (c) the Defendant’s driver’s vehicle has subscribed to comprehensive motor vehicle insurance; (d) the Defendant’s driver’s vehicle does not have a criminal record due

However, in this case, while the defendant was driving under drinking or unlicensed conditions, the central line is imprisoned by the defendant.

As it causes physical damage in the accident and runs away as it is, the case is not easy, and the defendant has the same criminal records such as being sentenced to a fine of KRW 3 million due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, 2009, and in particular, the crime of this case is committed during the trial due to the same kind of crime and has a high possibility of criticism, and the fact that it is not agreed with the victim is disadvantageous to the defendant.

In addition, considering the various circumstances shown in the records and pleadings such as the defendant's age, character and conduct, environment, etc., the sentence of the court below is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is

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