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(영문) 수원지방법원 2014.12.30 2014노2979

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is unreasonable because the lower court’s imprisonment (two months of imprisonment, two years of suspended sentence, one hundred and sixty hours of community service, and forty hours of attending a compliance driving lecture) is too unfford; or

2. The judgment of the court below seems to have been possible to prevent the traffic accident of this case if the defendant was a bus driver with little attention. The victim suffered serious injury requiring about 10 weeks of medical treatment due to the traffic accident of this case, the defendant's rejection of the crime at the court below, etc., or there are some circumstances to be considered in light of the circumstance that the defendant caused the traffic accident of this case due to cumulative service and it seems that the defendant escaped. The bus of the defendant's driver seems to be able to recover from damage because it was admitted to the mutual aid association. The defendant deposited 2.5 million won for the victim before the judgment of the court below. The defendant deposited 2.5 million won for the victim before the judgment of the court below was rendered, and there was no record of punishment exceeding the fine, and the defendant did not have any other records on the records and arguments of this case, including the defendant's age, environment, background, means and result of the crime, and the circumstances after the crime, etc., it cannot be deemed that the sentence of the court below is too unfair.

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