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(영문) 광주지방법원 2015.08.20 2015노16
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

Summary of Grounds for Action

A. The Prosecutor’s sentence of the lower court (7 million won of a fine) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

Judgment

The defendant runs away without taking necessary measures to cause a traffic accident while driving without a license. The nature of the crime of this case is significant, the defendant has the ability to punish the defendant due to drinking without a license and driving without a license, and in particular, the fact that the defendant was under the suspension of execution due to the same criminal record, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the time of the crime of this case.

On the other hand, considering the following factors: (a) the Defendant’s mistake recognized by all of his mistake, the degree of traffic accident, the degree of the Defendant’s negligence is very weak, and the degree of the victim’s injury is not severe, and the victim and the Defendant agreed smoothly with the victim; (b) although the Defendant escaped, the Defendant had the passenger, the Defendant had the passenger, but had the passenger handle the accident; and (c) the Defendant committed the instant crime while driving the vehicle in lieu of a drunk passenger under the influence of alcohol, and there is room for consideration in the circumstances of the Defendant’sless driving; and (d) other factors of sentencing as indicated in the arguments, such as the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the Defendant’s punishment is not deemed to be too weak or unreasonable, and thus, both the Prosecutor and the Defendant’

Therefore, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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