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(영문) 춘천지방법원 2015.05.13 2014노385
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In so doing, the Defendant’s act does not constitute “domination” inasmuch as he delegated the settlement of an accident to a branch person and his family members after the instant traffic accident, and went away from the site.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in September, community service, and forty hours of attending the law-abiding class) is too unreasonable.

2. Determination

A. The Defendant asserted the same purport in the lower court’s judgment, but the lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence duly admitted and investigated, and rejected the Defendant’s aforementioned assertion on the grounds of detailed reasons in the part on “the judgment on the Defendant and the defense counsel’s assertion.”

Examining the above fact-finding and judgment of the court below in comparison with the records, the court below's judgment that found the defendant guilty of the facts charged in this case is just and acceptable, and there is no error of law by misunderstanding the legal principles that affected the conclusion of the judgment, and the above argument by the defendant is without merit.

B. Although there are extenuating circumstances such as the Defendant’s deposit of KRW 2 million for victims, the Defendant’s request for accident handling to his will, leaving the site, and the Defendant’s vehicle driven by the Defendant was covered by a comprehensive insurance, these circumstances appear to have been considered in the lower court. However, there was no change in circumstances at the trial and no agreement has been reached with the victims, and the Defendant was punished for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents twice, and other various sentencing conditions indicated in the records are considered in light of the motive and background leading up to the instant crime, the age, character and conduct, and environment of the Defendant.

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