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(영문) 수원지방법원 2017.10.20 2017노3023
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the order to attend a compliance driving lecture 40 hours) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant repents and reflects his mistake; (b) the defendant has no particular means of punishment in addition to being punished once by a fine due to the crime of this species; and (c) the fact that the victim does not want the punishment by agreement with the victim.

On the other hand, the defendant, while driving under drinking alcohol, runs away without taking necessary measures even though he shocked the oral repair of the victim's operation installed on India. The fact that the nature of the crime is not less than that of the defendant is disadvantageous to the defendant.

In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (see Article 25(1) of the Regulation on Criminal Procedure, however, the court below’s ex officio pursuant to Article 25(1) and Article 53 and Article 55(1)3 of the Criminal Procedure Act on the grounds that “Article 55(1)3 of the Act on the Reduction and Exemption of Small Amount is added.”

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