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(영문) 광주지방법원 2018.05.03 2017노2744
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (ten months of imprisonment, two years of suspended execution, one hundred and twenty hours of community service, and forty hours of lecture of compliance driving) is too unreasonable in its summary of the grounds for appeal.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized the crime; (b) the defendant has no record of criminal punishment except for the punishment for a fine imposed once due to drinking driving; (c) the victims of the instant traffic accident are not even much serious; and (d) the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance.

On the other hand, the following facts are disadvantageous to the defendant.

The instant crime committed by the Defendant, while driving a vehicle without a driver’s license, was committed against three victims who were on board the damaged vehicle, such as the said C, without taking necessary measures, such as causing injury to each of two weeks of medical treatment and destroying the damaged vehicle and providing rescue to the victims. Thus, the crime is not deemed to be committed in light of the method of crime and the degree of damage, etc.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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