(영문) 서울북부지방법원 2018.08.24 2017노1995

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(영문) 서울북부지방법원 2018.08.24 2017노1995

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant had no intention to flee.

The instant traffic accident was committed in a state where the Defendant and the victim did not have any contact with each other, and the Defendant was found to have been able to have been able to commit the instant traffic accident.

I think.

In light of the state of road surface at the time of the instant case, there is no causal relationship between the Defendant’s act and the instant traffic accident.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. The court below rejected the above assertion in detail, on the ground that the defendant alleged as the grounds for appeal of this case and stated that "the judgment on the defendant's assertion" was "the judgment on the defendant's assertion". In light of the above judgment of the court below after comparing the above judgment with the records, the judgment of the court below is just and it is erroneous in the misapprehension of facts as alleged by the defendant.

subsection (b) of this section.

The above assertion by the defendant is without merit.

3. The victims of the judgment of the court below regarding the wrongful argument of sentencing are not less severe than the damages suffered due to the traffic accident in this case, the defendant's subscription to the liability insurance, which was driven by the defendant, is not deemed to have been sufficiently compensated for the victims, and the defendant's efforts to recover the damages are not deemed to have been made separately. In light of the fact that there is no special circumstance or circumstance newly considered after the decision of the court below, there is no change in the sentencing, and all other factors such as the defendant's age, sex, sex, family relation, motive, means and consequence of the crime, and the circumstances after the crime, the defendant's assertion is not acceptable.

4. The Defendant’s appeal is without merit and thus, Article 364(4) of the Criminal Procedure Act.

유사 판례

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-인천지방법원 2016.06.15 2016노576

-수원지방법원 2018.06.27 2018노2446