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(영문) 창원지방법원 2016.06.23 2015노2742
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. The circumstances are favorable, such as the following: (a) a single-reader, the confession of the facts constituting the offense by the defendant, and the reflection thereof; and (b) the victim does not want the punishment against the defendant, and the fact that he does not have any criminal record.

On the other hand, the defendant was off the scene of the accident without taking such measures as aiding and abetting the victim, which caused personal damage to the damaged vehicle by driving the damaged vehicle due to driving by strokely or negligently. In the case of the traffic accident in this case, the crime was very poor in light of the damaged vehicle level and degree of the damaged vehicle, and the situation of the occurrence, and there was sufficient risk of causing more serious human damage. Even after the accident, the defendant did not report to the police on his own (the defendant was already aware of the accident of the damaged vehicle when she escaped from the police site, and the defendant was aware of the accident of the damaged vehicle at the latest, and at the latest at the night of the accident on the day of the accident, the police knew of the damaged vehicle's damage and became aware of the occurrence of the traffic accident (the evidence record 26, 32 pages). In light of the fact that the defendant was aware of the vehicle number of the vehicle near the scene of the accident and discovered the vehicle number of the 20-year police officer's personal contact with each other (the defendant 201).

In addition, in full view of various circumstances, such as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, which are the conditions for sentencing as shown in the instant records and pleadings.

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