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(영문) 광주지방법원 2017.04.25 2016노4926
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment of the court below is too unreasonable, while the prosecutor asserts that the sentence of the court below is too uneasible and unfair.

2. The instant crime was committed by the Defendant without a license and without any relief measures despite the Defendant’s occurrence of a traffic accident, and not only attempted to flee but also refused to measure the drinking of a police officer’s drinking. It is not good that the instant crime was committed.

Although the Defendant had been punished three times due to the crime of drinking and driving without a license, he again committed the instant crime. Meanwhile, the Defendant recognized all the instant crimes, agreed with the victim, and the Defendant’s vehicle was covered by a comprehensive insurance.

In addition, there is a substantial fault on the victim with regard to the occurrence of an accident.

In full view of all the circumstances, such as the Defendant’s age, sexual conduct, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment in the instant case where there is no change in circumstances regarding sentencing conditions in the trial compared to the lower court’s judgment, is only within the scope of reasonable discretion and is too heavy or unbrupted and unreasonable.

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

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