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(영문) 광주지방법원 2016.09.01 2016노1664
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. The fact that the judgment defendant reflects his mistake, and that the court below deposited 4 million won for the victim is favorable to the defendant.

On the other hand, the following is disadvantageous.

The Defendant, while driving a vehicle not covered by liability insurance, does not take any measure to injure the elderly victim (the age of 80) by shocking him/her by negligence and does not take any measure to injure him/her, and runs away and is disadvantageous to the nature of the crime.

The circumstances after the crime of this case, such as locking immediately after the crime of this case, are not good.

The defendant has a record of being punished twice due to driving without a license or drunk driving.

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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