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(영문) 제주지방법원 2015.07.23 2015노169
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (1.5 million won of a fine) by the lower court is too unreasonable.

2. The fact that the Defendant recognized the instant crime and reflected it, and that the primary offender is the situation that can be considered in sentencing.

However, despite the occurrence of a traffic accident with the backer of the victim's vehicle, the defendant escaped as it is at night when the perpetrator cannot be easily identified, and the defendant got away from the police station after the accident.

In light of the fact that the repair cost of the victim's vehicle was equivalent to 500,000 won, there is a possibility that the victim suffered the injury, and if the fact of injury was revealed, it may be prosecuted by imprisonment with prison labor for not less than one year, or by a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which corresponds to a fine not less than 5 million won but not more than 30 million won. However, in light of the fact that the legal punishment was investigated and prosecuted only by the violation of the Road Traffic Act (unborn measures) and all other sentencing conditions in the instant records and arguments, the lower court's punishment is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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