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(영문) 대전지방법원 2014.10.29 2014노1626

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for up to eight months, suspension of execution for two years, probation, and community service order 240 hours) of the lower court’s sentence against the Defendant is deemed to be too uneasible and unfair.

2. The crime of this case on the road in which the defendant is prohibited from making a left-hand turn, allowing a victim in the opposite lane to be in conflict with the defendant's vehicle, and escape as it is, is the fact that the defendant's negligence is heavy, the degree of injury to the victim and the degree of damage to the vehicle is heavy, and the defendant's liability is heavy, and the defendant has been punished four times due to drinking, driving without a license, etc., which are disadvantageous to the defendant.

On the other hand, the fact that the defendant all of the crimes of this case are recognized, divided and seriously reflected, the agreement between the defendant and the victim has been reached, and the victim does not want to punish the defendant, the vehicle of the defendant is likely to recover the damage of the victim due to the purchase of the automobile comprehensive insurance, the defendant has no criminal records above the suspension of execution, and the defendant seems to have maintained social ties, provided services to the local community, and faithfully performed the crime in favor of the defendant.

In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, character and conduct, family relation, environment, occupation, etc., and the circumstances that are the conditions for sentencing as shown in the records and arguments, and the lower court ordered probation and considerable time community service, the lower court’s sentence is too uneasible and unreasonable. Thus, the Prosecutor’s allegation of unfair sentencing is rejected.

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