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(영문) 대전지방법원 2019.07.17 2018노2566

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, one hundred and twenty hours of community service, and forty hours of order to attend a course) is too unhued and unreasonable.

2. According to the circumstances such as the bad quality of the crime such as escape after causing a traffic accident due to a judgment driving, and the failure to properly recover from damage, Defendant’s liability for the crime cannot be deemed to be light.

However, there are also circumstances that can be considered for the defendant, such as that the defendant's vehicle is covered by comprehensive insurance, that victims are not injured, that all of the crimes of this case are committed in this case, and that there is no record of punishment for the same kind of crime.

In full view of the above circumstances and other circumstances, including the Defendant’s age, environment, and circumstances after the commission of the crime, there is no special change in circumstances that determine the sentencing conditions different from the original judgment and the punishment, the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.