특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence of two years of suspended execution, two hundred hours of community service order and forty hours of lecture attendance order in compliance with the law, which is too uneasible to the defendant, for one year of imprisonment sentenced by the court below.
2. The instant crime committed by the Defendant is driving a car.
It is recognized that the case of escape without disclosing the driver's identity even though the victim with a crosswalk was shocked to injure the victim, and the driver's identity was not disadvantaged, and the degree of damage was not weak, and not yet agreed with the victim, and the vehicle is not covered by mandatory insurance, there is a history of punishment for driving before and after the crime, and there is a suspicion that the defendant is not guilty of drinking even at the time of the accident in light of the circumstances before and after the crime.
However, in full view of all the circumstances, including the fact that the Defendant recognized the instant crime, the fact that the victim was sent to the hospital after the accident, the fact that the victim was voluntarily surrendered to the investigation agency on the following day of the crime, the fact that the victim was deposited in a certain amount for the victim, the fact that the Defendant could be compensated to a certain extent through the insurance covered by the insurance policy, the fact that the Defendant had no record of being sentenced to suspended execution or heavier punishment before and after the Defendant was detained, that there is a family member to support, and that the Defendant would be likely to have a big difficulty in living of his family members, and that the Defendant’s age, environment, family relationship, occupation, and circumstances before and after the crime, etc., while issuing a suspended sentence, the sentence of the lower court that imposed the order to provide community service and
The prosecutor's assertion is without merit.
3. According to the conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the prosecutor's appeal of this case is without merit.