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(영문) 대전지방법원 2015.12.10 2015노2901
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and six months of imprisonment) is too unreasonable.

2. Considering that the Defendant’s mistake is against himself/herself, supporting alone, and that the victim’s driver’s vehicle is covered by a comprehensive insurance policy, the payment of insurance proceeds is deemed to have been recovered to a certain extent.

However, considering all kinds of sentencing conditions, such as Defendant’s age, character and conduct, environment, motive, means and consequence, etc., the sentence of the court below is too unreasonable to the extent that the sentence of the court below is reversed, considering the following factors: (a) the Defendant, while driving without a license in the state of insurance without a license, did not take measures such as aiding and abetting the victim while driving a traffic accident; (b) the nature of the crime was not good; (c) the victim did not agree with the victim; (d) the Defendant was not aware of the fact that the Defendant committed each of the instant crimes without being aware of a repeated crime due to the same crime; and (e) the Defendant committed the instant crimes without being aware of the fact that the Defendant was living under flight from August 13, 2014 to July 3, 2015, which is the date of the occurrence of the accident; and (e) the Defendant was living

3. As the Defendant’s appeal is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. Pursuant to Article 25(1) of the Regulation on Criminal Procedure, “The pertinent provision of the Act on the Criminal Procedure of 1.” applicable to the Act on the Guarantee of Automobile Accident Compensation (wholly amended by Act No. 12987, Jan. 6, 2015)” under Article 46(2) and the main text of Article 8 of the former Guarantee of Automobile Accident Compensation (wholly amended by Act No. 12987, Jan. 6, 2015) shall be amended as “The former Guarantee of Automobile Accident Compensation (wholly amended by Act No. 12987, Jan. 6, 2015)”

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