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(영문) 서울동부지방법원 2014.05.23 2014노198
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended sentence for eight months of imprisonment and forty hours of the order to attend a law enforcement lecture) is too unreasonable.

2. In light of the following circumstances: (a) the Defendant’s mistake against the Defendant; (b) there was no record of being subject to the punishment heavier than the previous suspension of execution; (c) the Defendant joined the National Passenger Transport Business Association of Korea; (d) the extent of damage is insignificant; and (e) the victim is not subject to the punishment; and (e) when the sentence of suspension of execution becomes final and conclusive, the revocation disposition of driver’s license is also determined; (b) the instant crime committed in favor of the Defendant, other than the taxi driving, was committed in favor of the Defendant who did not have any particular import source; (c) however, due to the negligence of the Defendant’s entering the intersection by disregarding and destroying the victim’s vehicle at the same time, the Defendant escaped without any relief despite being able to inflict two weeks injury on the victim; and (d) the nature and consequence of the instant crime and the criminal situation are considerably good; and (e) comprehensive consideration of various sentencing conditions indicated in the records, such as the motive, means and consequence of the instant crime; (d) the Defendant’s age, character

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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