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(영문) 대구고등법원 2014.06.26 2014노126
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the fact that the defendant recognized all of the crimes of this case and is in profoundly against the defendant, the punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

Judgment

There are circumstances, such as the confession of the crime of this case, and the fact that the victim has made a statement to the effect that he is prior to the defendant, because the defendant's age is extremely high and economic difficulty, and the victim has a statement to the effect that he is prior to the defendant (the investigation report by the court investigator submitted in the trial).

However, even though the Defendant had been punished several times due to driving without a license, the Defendant did not take relief measures to inflict injury on the victim by causing a traffic accident in violation of the signal while driving without a license while driving without license. Furthermore, the Defendant’s abandonment of the victim and escape, the degree of injury on the victim of the traffic accident is serious, the Defendant did not recover from damage at all and did not agree with the victims. Nevertheless, taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, etc., the Defendant appears to fall within the appropriate range of punishment corresponding to the Defendant’s responsibility, and it is not determined that it is improper because it is too unreasonable.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.

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