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(영문) 광주지방법원 2016.08.11 2016노1250
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The fact that the judgment is against the defendant, and that the sum of 1.5 million won was deposited for the victims of traffic accidents is favorable to the defendant.

On the other hand, the following is disadvantageous.

The defendant has a history of criminal punishment of five times, including one suspended sentence due to drinking driving, driving without a license, etc.

In 2012 Highest 3075 case, the defendant, while driving a motor vehicle not covered by comprehensive motor vehicle insurance under drinking or non-licensed condition, brought an injury to two victims by causing a traffic accident, and immediately stops the damaged motor vehicle and does not take necessary measures, and the nature of the crime is very bad.

After the Defendant was prosecuted for the 2012 Highest 3075 case, the Defendant was absent from the trial and was arrested as a result of being discovered by driving without a license in 2016 Highest 582 case, and the circumstances after the crime are very bad.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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

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