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(영문) 광주지방법원 2017.05.11 2016노1579

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in six months of imprisonment) is unfair because it is too unfasible.

2. The judgment that the defendant has been punished for a traffic-related crime is disadvantageous to the defendant.

However, the victim's injury is relatively minor, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the victim G does not want to be punished by the defendant, the defendant's 30,000 won deposited for the victim G and I, the defendant's mistake is recognized and reflected, and other circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, motive and consequence of the crime, and the situation after the crime, are equally considered, the court below's punishment is not recognized to be too unjustifiable, and thus the prosecutor's assertion is not acceptable.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.