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(영문) 부산지방법원 2014.06.13 2014노669
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The three-year imprisonment sentenced by the court below to the defendant is too unfair.

2. It is recognized that the judgment of the Defendant is against the recognition of all of the instant crimes, and that it is relatively old that the insurance amount of KRW 100 million has already been paid to the victim as the Defendant’s driver subscribed to liability insurance, that is, the first offender who has no record of criminal punishment, and that is relatively old.

However, each of the crimes of this case committed by the defendant while driving a vehicle at the left by negligence in violation of the signal and thereby allowing the victim to escape without taking relief measures, so it cannot be held liable for the death of the victim. Thus, the court below sentenced the defendant to the punishment after already mitigated the statutory punishment by taking into account the above favorable circumstances, and sentenced the defendant to the punishment by taking into account that there is no special change of situation at the time of the trial, and other various circumstances, including the defendant's age, environment, occupation, family relationship, circumstances leading to each of the crimes of this case, and circumstances before and after the crime, etc., the court below's punishment shall not be deemed to be unfair.

Therefore, the defendant's assertion is without merit.

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

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