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(영문) 대구지방법원 2015.02.05 2014노2731
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to imprisonment for eight months, suspended execution for two years, community service hours for 80 hours, and 40 hours during the compliance driving course) that the court below sentenced is too unreasonable.

2. The judgment of the defendant should not repeat the crime by seriously reflecting the error of the crime, and the vehicle of the defendant is covered by a comprehensive insurance, and the victim does not want to punish the defendant.

However, even though the Defendant had been subject to punishment several times due to the act of double-class crime, and was committed on February 24, 2014 as a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Defendant again committed the instant crime more than seven days.

The crime of this case is not against the nature of the crime that the defendant escaped without taking necessary measures to destroy the damaged vehicle so that the damaged vehicle can amount to KRW 1,679,248 at the same time due to the negligence of driving the central line.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

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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