(영문) 서울남부지방법원 2017.01.20 2016노950

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(영문) 서울남부지방법원 2017.01.20 2016노950

특정범죄가중처벌등에관한법률위반(도주차량)등

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All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence (unfair sentencing) sentenced by the lower court (one hundred and sixty months of imprisonment, two years of suspended sentence, one hundred and sixty hours of community service, and forty hours of lectures of compliance driving) is too uneasy and unfair.

B. The judgment of the court below which convicted the victims of the accident of this case (misunderstanding of facts) of the whole facts charged of this case, although the defendant had not been injured by the accident of this case, and the defendant had not escaped after the accident of this case.

2. In full view of the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, and the circumstances revealed by the lower court on the grounds of the offense, the Defendant may sufficiently recognize the fact that the Defendant escaped without taking any relief measures therefor, even though the victims suffered injuries due to traffic accidents caused by the Defendant’s negligence, as stated in the facts charged in this case. Thus, the Defendant’s assertion of mistake of facts is groundless

3. Each of the crimes of this case with regard to the prosecutor's unfair argument of sentencing is highly poor in the circumstances following the crime, such as: (a) the defendant had already been subject to criminal punishment for violation of road traffic laws at least four times in total, such as drinking driving three times and driving without obtaining a license; (b) again, the driver was driving a motor vehicle without a license, resulting in a traffic accident, resulting in an injury to the victims; and (c) immediately stopping the motor vehicle and failing to take relief measures; and (d) immediately after the traffic accident of this case, the defendant tried to conceal the same student on behalf of the victim, on the ground that he/she was a driver of the motor vehicle; and (c) the defendant still did not seem to have any attitude against him/her without recognizing his/her mistake.

However, the victims' injury is not severe, and the defendant did not have any criminal record exceeding the fine.

유사 판례

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