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(영문) 대전지방법원 2017.09.06 2017노1735
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The judgment is a favorable condition that the defendant recognized all of the crimes of this case and reflected, agreed with the victims, and there are family members to support.

However, in light of the fact that the defendant caused a traffic accident leading to a large number of vehicles and caused a large number of victims, and the situation of vehicle damage, etc., it seems that the shock level at the time of the accident in this case did not take relief measures, etc., and the nature of the crime is not very good, and it is also highly likely that the defendant will escape without taking relief measures, etc., and there is a high possibility of criticism on the crime. Although the defendant was served with a duplicate of the indictment in this case and a writ of summons at the court below, it is not good that he did not attend the court of the court below for a long time and did not attend the court of the court below for a long time, and again commits the crime in this case during the period of repeated crime, and there is a history of punishment

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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