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(영문) 대전지방법원 2016.12.21 2016노1478
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Considering the following circumstances: (a) the Defendant reported 119 after the occurrence of a traffic accident and took measures for the management of the minimum accident; (b) the Defendant was aware of all the crime of the instant case; (c) the agreement with some victims; and (d) the rest of victims, such as deposit of part of the amount of damage, etc., is recognized.

However, the defendant caused the traffic accident of this case by negligence over the central line, and the degree of violation of the duty of care is very significant, the occurrence of many victims due to the traffic accident of this case, and the degree of damage is not less severe, and the damaged vehicle has been damaged to a considerable extent, and the defendant is also leaving the road and leaving the site without agreement with some victims, and it is reasonable to impose severe punishment on the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment is too unreasonable.

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

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