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(영문) 대전지방법원 2015.06.18 2015노869
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended sentence, 80 hours of community service order, 40 hours of order to attend a compliance driving lecture) of the court below against the defendant is too unreasonable.

2. It is recognized that the defendant agreed with the victim D and deposited KRW 500,000 for the victim E, and that the defendant's driver's combined succession is covered by a comprehensive insurance.

However, the crime of this case is committed by the defendant driving strokely, resulting in a significant injury to the victim D who has dumped garbage near the road, resulting in an accident where the victim E-driving taxi was faced with a considerable amount of seven weeks prior to the occurrence of an accident. The crime of this case is not good in the nature of the crime (the evidence record 49 pages) where the defendant escaped at the scene without any relief measures, but was discovered of the crime. The defendant has been punished several times as a violation of the past Road Traffic Act; the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which applies the scope of recommended sentence according to the sentencing guidelines for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was enacted by the Sentencing Committee of the Supreme Court, does not apply the sentencing guidelines to the commercial concurrent relation, but the sentencing guidelines are not applicable to the case of violation of the Guidelines for the Aggravated Punishment,

Since it will be a lawsuit, it will be examined.

In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the traffic crime group, the first type of crime after a traffic accident, the decision on the recommended area, the recommended sentence range (basic area), the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence of the court below ordering the defendant to attend social service and law-abiding driving lecture as an additional disposition is too unreasonable. Thus, the defendant's assertion of unfair

3. Conclusion.

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