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(영문) 서울동부지방법원 2016.05.19 2016노57
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (6 months of imprisonment and 10 days of detention) on the gist of the grounds of appeal is too unreasonable.

2. In light of the fact that the damage of the instant traffic accident is not severe, the agreement with the victim E is not taken into account, and the instant crime is in the relation of concurrent crimes with habitual larceny, etc. for which the judgment became final and conclusive, Article 37 of the Criminal Act, etc. However, the crime of the instant case during the period of repeated crimes is committed, even though there were two penalties due to non-licenseless driving, it again leads to non-licenseless driving, and it is not good to commit the instant crime, such as leaving the site without permission for the reason that it is difficult to prosecute the instant traffic accident while driving without a license, even if it causes the instant traffic accident while the prosecution is suspended.

In addition to all other circumstances that form the conditions for sentencing as shown in the records and arguments, such as the Defendant’s age, sex, environment, background and consequence of the instant crime, the circumstances after the crime, etc., the Defendant was sentenced to the maximum punishment by means of mitigation of volume.

The sentence of the court below that can be seen is appropriate and too unreasonable.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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