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(영문) 창원지방법원 2016.07.28 2016노745
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals by the defendant are dismissed.

Reasons

1. Each sentence sentenced to the defendant by the first and second core trials of the grounds for appeal (the first core judgment: imprisonment with prison labor for one year, and the second core judgment: fine of three million won) is too unreasonable;

2. Determination

A. The part of the judgment of the court below of the first instance is the circumstance favorable to the defendant that the defendant led to confession and reflects the facts constituting the crime, the stolen vehicle was returned to the victim, and the degree of injury of the victims of the traffic accident was not excessive.

However, the crime of this case was committed by the defendant who committed a traffic accident twice, causing damage to three vehicles by causing a traffic accident, causing injury to five victims without taking measures to rescue the victim, etc., and the quality of the crime is bad. The alcohol concentration in blood at the time of driving of this case is considerably high by 0.155%, the defendant was sentenced to a fine of KRW 1.5 million due to drinking driving in 2008, and a fine of KRW 1 million due to larceny in 2010, and was sentenced to a fine of KRW 1 million due to a crime of fraud in January 27, 2015, and was sentenced to imprisonment for ten months on August 21, 2015, and committed the crime of this case without being able to reach an agreement with the victims, records of the crime of this case and circumstances that led to the change in the age of the defendant, and circumstances that led to the crime of this case, including the following circumstances.

B. The judgment of the court below of the second instance is the most favorable circumstance to the defendant that the amount that the defendant led to the confession and reflects the criminal facts, and that the amount that the defendant acquired through the crime of this case is relatively minor with the degree of damage equivalent to 45,000 won, such as

However, on January 27, 2015, the defendant has been punished several times for committing a crime of the same kind of fraud, and is sentenced to imprisonment for 10 months.

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