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(영문) 광주지방법원 2020.09.22 2020노65
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair punishment)’s imprisonment (one year and six months of imprisonment, two years of suspended sentence, two years of probation, two years of social service, 200 hours of imprisonment) is too unreasonable.

B. The above sentence of the lower court is too unhued and unfair.

2. The fact that the Defendant recognized the instant crime, and that the lower court agreed with the entire victims and the victims were not punished by the Defendant, and that the injury suffered by the victims G and F was not relatively serious is favorable.

On the other hand, although the defendant had been sentenced to a fine due to drinking driving in 2017 and had been sentenced to a fine twice due to driving without a license after the license was revoked due to driving without a license, the defendant committed the crime of this case at different times, and the defendant, while driving without a license and driving without a license, left the site and left the site without any immediate relief measures, and the quality of the crime is not good.

There are no special circumstances or changes in circumstances that can be newly considered by this court, and in full view of the Defendant’s age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too heavy or unreasonable.

The defendant and prosecutor's arguments are not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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