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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.06.01 2016노1766
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (eight months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. However, the defendant recognized a mistake and reflects it.

It is necessary to prevent recidivism such as disposal of owned cars.

In agreement with the victim, the injured party does not want the punishment of the defendant.

Defendant

As vehicles are covered by comprehensive automobile insurance, damage recovery has been made.

Unless a fine of one million won is imposed by driving without a license in 2003, there is no record of punishment for the same crime.

As such, there is a strong circumstance to be considered favorable to the defendant. However, the crime of this case is likely to cause a traffic accident that helps the pedestrian in the crosswalk in violation of the signal while driving in drinking condition, and the degree of negligence is very serious, and the degree of injury suffered by the victim is not less exceptionally.

Nevertheless, the defendant does not take any measures after causing a traffic accident, and runs away and the nature of the crime is not good.

The Defendant committed the instant crime during the period of probation.

As such, there is a person who is disadvantageous to the defendant.

In addition, in full view of all other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the sentence of the lower court cannot be deemed to be unfair because it is too large. 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 without merit. It is so decided as per Disposition.

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