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(영문) 인천지방법원 2012.11.28 2012노2830
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below is too large.

2. The circumstances favorable to the defendant are that the defendant's mistake is recognized, that there is no history of criminal punishment, that it is difficult to conduct economic circumstances, and that the degree of injury of the victims is relatively heavy.

However, the accident of this case seems to have caused considerable damage, such as the victim's death after the driver's seat of the damaged vehicle due to the accident of this case. The defendant escaped at a rapid speed without any measure despite the above accident. The punishment prescribed in Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which applies to the crime of this case, is imprisonment for a term of not less than one year or a fine of not less than 5 million won but not more than 30 million won. The court below selected a fine not to be imprisonment and sentenced to a fine of not more than 5 million won among them, and sentenced to a fine of not less than 5 million won, and considering all the various kinds of sentencing factors in this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, the defendant's assertion cannot be accepted since the punishment determined by the court below is too unreasonable.

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

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