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(영문) 의정부지방법원 2016.08.12 2016노1113
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the lower court on the Defendant is excessively unreasonable.

2. We examine the reasoning for appeal. The facts charged in this case are recognized as the circumstances favorable to the defendant, such as the defendant's violation of his mistake, and the fact that the defendant appears to be a relatively minor accident.

However, each of the crimes of this case, such as the defendant's escape while driving a motor vehicle without a driver's license, is not against the nature of the crime in light of the contents and methods of the crime, etc., and the victim did not have any agreement or complete damage up to the present day, and there seems to have been little possibility of damage recovery in the future due to the failure to purchase a motor vehicle insurance policy, and the violation of the Road Traffic Act (unlicensed Driving). The court below seems to have sentenced punishment in full consideration of the various circumstances of the defendant, and there is no special change of circumstances that can reduce the sentence of the court below in the first instance, the balance of general punishment in the same and similar cases, balance between the defendant's age, sex, character, intelligence and environment, the motive and background of the crime of this case, relationship with the victim, means and consequence, frequency of crime, possibility of recidivism, circumstances after the crime, family relationship, health conditions, etc., the court below's assertion that the defendant's punishment is unfair and unreasonable.

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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