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(영문) 광주지방법원 2018.10.16 2018노2587
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The fact that the judgment defendant recognized the crime of this case and reflects it, and that the defendant agreed with the victim is favorable.

However, in 201, the Defendant was sentenced to imprisonment with prison labor for 6 months due to occupational injury caused during driving without a license for driving alcohol or without a license, and was sentenced to a fine due to occupational injury or injury in 2008, and was sentenced to a fine due to a violation of traffic laws and regulations in 2015 and 2017. Nevertheless, the Defendant again committed the instant crime committed while driving without a license for driving without a license, which led to the occurrence of a number of criminal offenses, such as a violation of traffic laws and regulations, such as punishment of a fine due to a driving without a license for driving at 2015 and 2017, and the victim attempted to conceal the crime by making the victim other than the Defendant drive while driving without a license for driving without a license.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

3. 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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