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(영문) 광주지방법원 2016.09.01 2016노1267
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The fact that the Defendant’s mistake reflects his fault, and that the injury is minor even if committed, is favorable to the Defendant.

On the other hand, the following is disadvantageous.

The Defendant, while driving a vehicle not covered by liability insurance without a license, caused a traffic accident in violation of the signal and escaped without taking necessary measures, such as rescue of the victim.

Since then, it shall be operated in a state without a license in the same time as 20 or more days.

In addition, the police did not comply with the demand for the alcohol measurement of the police dispatched as well as the police who did not take any and all measures against the five vehicles.

After that, if an investigation agency fails to respond properly to a request for attendance of the investigation agency, the investigation agency did not attend the investigation agency and did not violate

The circumstances after the crime are not very good, such as making a false statement that the other party has failed to take measures first, or that the other party has failed to take measures.

The victims did not receive any compensation due to the fact that the vehicle driven by the defendant was not insured.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, environment, and other various sentencing conditions shown in the instant records and arguments, even if considering the circumstances favorable to the Defendant, the lower court’s punishment is not deemed to be too unreasonable, and thus, the Defendant’s assertion is without merit.

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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