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(영문) 수원지방법원 2016.08.18 2016노3012
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment that the Defendant recognized the instant crime, that the vehicle driven by the Defendant could inflict the central line on the wind that is caused by the snow that was laid down at the time of the instant crime, and that the Defendant also damages the long term due to the instant crime, and that there was no record of criminal punishment in the Republic of Korea, etc. are disadvantageous to the Defendant.

However, the crime of this case was committed while the defendant was illegally staying in the Republic of Korea by driving a motor vehicle without a driver's license while driving the central line of the motor vehicle, and escaped without any relief measures against the victims, and the quality of the crime is not good. The victim D, the driver of the motor vehicle affected by the crime of this case, suffered serious injury that requires 16 weeks of care, such as cutting the bones of the body of the bridge and damaging the organs. The above vehicle owned by the victim G was scrapped, and suffered considerable injury, such as cutting off the body of the victim FF, the victim FF, the passenger of the motor vehicle driven by the defendant, and bombing the snow, and the vehicle driven by the defendant was not covered by mandatory insurance, and no damage was recovered to the victims until now, and all kinds of sentencing conditions such as the defendant's age, sex, environment, family relation, etc. cannot be deemed unfair by taking full account of all the sentencing conditions.

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

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