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(영문) 대구지방법원 2017.08.10 2017노2263
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unfasible with respect to the punishment (eight months of imprisonment) declared by the court below, and the prosecutor is too unfased and unfair.

2. However, even though the Defendant had been sentenced to a suspended sentence of imprisonment for the same type of crime, such as an unlicensed driving, the Defendant caused a traffic accident while driving without a license even though he had been punished by a majority, and as a result, the victims did not take any measures despite the damage of the damaged vehicle, and the degree of criticism is high in that the Defendant immediately escaped.

However, in full view of all the sentencing conditions in the records, including the defendant's age, sex, environment, occupation, and circumstances after the crime, the sentence imposed by the court below is deemed appropriate and it is not deemed unfair because it is too heavy or unaffortuous. The victims are not subject to punishment for the defendant, the degree of injury of the victims is not severe, and the physical disorder and depression disorder, etc., of which the defendant's ability to commit the crime seems to have influenced the degree of the crime.

3. The appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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