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(영문) 광주지방법원 2019.05.28 2019노451
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized the crime of this case, and the circumstances in which the defendant's main figures want to take the defendant's wife are recognized.

However, as the court below properly decided, the defendant was sentenced to the suspension of the execution of imprisonment due to the violation of the Road Traffic Act prior to the instant case, and caused a traffic accident by driving under a license without permission during the period of the suspension of the execution of the sentence to be well aware.

In addition, the Defendant left the site without taking any measures after the accident without leaving the vehicle in one lane, and left the site. This is a very dangerous behavior that may lead to the second accident, and the Defendant’s responsibility is not less than that of the Defendant.

There is no change in sentencing conditions that can be newly considered in the trial compared with the original judgment.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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