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(영문) 광주지방법원 2020.04.09 2019노3153
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;

2. The Defendant’s crime of unlawful use of a motor vehicle was scrapped by the victim C, and the victim H (H and 47 years old), who is the passenger, suffered serious injury, and the Defendant was unable to obtain a letter from the victims, and it is difficult to expect repayment of the amount of damage. The Defendant was hospitalized at the hospital to treat the wife suffered from the instant crime, and attempted to leave the Republic of China after escape.

On the other hand, even though the defendant knew of drinking, it is necessary to take into account the negligence of the victim H who was accompanied by the cargo with the knowledge of drinking, the fact that the defendant has no record of punishment in Korea, and that the defendant fully acknowledges the crime is favorable to the defendant.

In addition, the Defendant’s assertion is not acceptable on the grounds that the sentence of the lower court is too unreasonable, comprehensively taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, and the circumstances after the crime.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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