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(영문) 창원지방법원 2013.10.17 2013노1246

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that: (a) in light of the following: (b) the Defendant continued to drive a car with the victim D (hereinafter “victim”) and continued to drive on the road; (c) the Defendant runs away from the road; and (d) the victim voluntarily runs away from the second accident, the commission of the instant crime is not very good; (d) the victim’s injury is relatively heavy; (e) the Defendant agreed with the victim; (e) the Defendant did not receive a letter from the victim; and (e) the Defendant unilaterally deposited only one million won without the Defendant’s endeavor to reach an agreement, and (e) the Defendant unilaterally deposited only one million won, the sentence imposed by the lower court (two years of suspended sentence for October; and (e) the order to attend the compliance driving course for an excessive period of time is unreasonable.

2. Even considering the circumstances alleged by the prosecutor in the judgment, considering the following circumstances: (a) the defendant subscribed to a motor vehicle comprehensive insurance and appears to be able to recover damage in the future; (b) the defendant deposited a total of two million won for the victim in the original judgment and the trial; (c) the defendant led to confession and reflects by the defendant; (d) the defendant was a primary offender who has no criminal power; (e) other character, conduct and environment of the defendant; (e) the background and consequence of the crime in this case; and (e) the circumstances after the crime, etc., and all the circumstances that are conditions for sentencing as shown in the records and arguments, the court

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.