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(영문) 수원지방법원 2020.03.18 2020노211
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of imprisonment (one year of imprisonment) to the defendant by the court below is too unreasonable.

2. The circumstances favorable to the judgment: The defendant recognized and reflected the mistake, and the defendant disposed of the instant vehicle in question at the time of the trial.

The defendant agreed with the victims of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act.

The principle of equity shall be taken into consideration in cases where a judgment is to be rendered simultaneously with the recorded criminal records in the original judgment.

Unfavorable circumstances: The Defendant committed a second violent crime during the period of suspension of execution due to the commission of violent crime (U.S. District Court 2016Da7491) and committed a violation of the Punishment of Violence, etc. Act (joint injury) during the course of trial (such as the Suwon District Court 2018Kadan6336).

The degree of damage to the crime of violation of the Punishment of Violences, etc. Act (joint injury) is relatively more severe, and it did not reach an agreement with the victim.

There is a record that the defendant has received juvenile protective disposition due to a traffic crime such as drinking driving.

In light of the above favorable circumstances, character and conduct, environment, relationship to victims, the circumstances and result of the instant crime, including the circumstances after the instant crime, it is not recognized that the lower court’s punishment is too unreasonable in light of the overall sentencing conditions indicated in the present case’s arguments and records.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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