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(영문) 대전지방법원 2014.10.30 2014노2374
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant

All the appeals filed by the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

(F) The sentence of the lower court (10 months of imprisonment) is too unreasonable.

The sentence of the court below by the public prosecutor is too unhued and unfair.

Judgment

Each of the crimes of this case is driving a vehicle without purchasing mandatory insurance repeatedly by the defendant.

The cause of a traffic accident causes human and physical damage, or the cause of a traffic accident, and escape without taking necessary measures to injure the victim and destroy the vehicle, and each of the crimes of this case was committed without being aware of the nature of the crime, even though it is a repeated crime, and the Defendant did not agree with the victims until the court of first instance.

On the other hand, there are extenuating circumstances such as the confession of the entire crime of this case and the violation of depth, the degree of injury suffered by the victims is relatively minor, the defendant has no criminal record for the same kind of crime, and there are family members to support the defendant. In full view of all the sentencing conditions, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is too heavy or unreasonable.

In conclusion, since the defendant and the prosecutor's appeal are without merit, they are all dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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