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(영문) 울산지방법원 2013.12.13 2013노819
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the overall circumstances of this case, the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In light of the following circumstances: (a) the victim was at fault crossinging the crosswalk on pedestrian red signal around 02:42, which caused the instant accident; (b) the victim’s negligence appears to have caused the instant accident; (c) there is no penal power over suspension of qualifications or more; (d) the Defendant deposited KRW 4 million for the victim; (b) the Defendant paid KRW 6,493,620 to the victim in the insurance company to which the Defendant was a party; and (c) the Defendant’s mistake against the victim; (d) there was a favorable circumstance, such as the fact that the victim was deprived of awareness after the victim was faced; and (e) the Defendant escaped without taking measures such as providing relief to the victim; and (e) there was a possibility of considerable damage to the content of the instant crime or the victim; and (e) there was no other serious injury to the victim due to the instant crime, such as the victim’s injury caused to the victim, among those who did not have any open conditions requiring treatment for eight weeks due to the instant crime; and (e) the Defendant’s punishment of character and behavior against the Defendant is 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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