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(영문) 광주지방법원 2018.04.25 2018노368
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The circumstances are favorable to the defendant, such as the following: (a) the defendant voluntarily surrenders to investigative agency to the crime of this case; (b) the confession and reflect of the crime of this case; (c) the victim does not want punishment against the defendant; (d) the vehicle driven by the defendant is covered by the motor vehicle comprehensive insurance; and (e) the defendant disposed of

However, the fact that the Defendant had high alcohol content at the time of committing the instant crime, that the Defendant escaped despite having suffered injury to the victim by causing a traffic accident, and that the Defendant is under suspension of execution due to the same type of crime, is disadvantageous to the Defendant.

In addition, considering the fact that there is no particular change in the sentencing conditions compared to the original judgment, and the various sentencing conditions shown in the records and arguments of this case, the lower court’s sentence cannot be deemed unfair. Thus, the Defendant’s above assertion is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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