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(영문) 수원지방법원 2020.08.13 2020노2101
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime when it comes to the trial, the degree of injury suffered by the victim is not serious, and the Defendant has no record of criminal punishment in the Republic of Korea.

However, the crime of this case was committed by the defendant due to his neglect of the duty of care on the alleyway and caused the victim to wear the left shoulder of the victim's left shoulder, and thus, the crime of this case was escaped without any justifiable relief measures. The crime of this case was considerably poor. The victim was faced with the defendant's vehicle and the center was lost, and the degree of the shock was not weak, but the defendant argued that he did not recognize the shock fact until the court below. The defendant did not know that he did not have any shock fact; the defendant did not have any awareness thereof; the fairness of sentencing with the same or similar case; the equity of sentencing with the victim; the defendant's age, career, character and behavior, environment, motive, means, means and consequence of the crime; and the circumstances after the crime, etc., it cannot be deemed that the defendant's punishment against the defendant is too unfair.

Therefore, the defendant's above assertion is without merit.

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

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