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(영문) 수원지방법원 2016.11.02 2016노3957

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (two years of suspended sentence in August) of the lower court is too unhued and unreasonable.

2. The sentencing conditions that are disadvantageous to the Defendant are the following: (a) the Defendant, even though having caused an accident while drunk driving, runs away as it is and the nature of the crime is inferior; and (b) the Defendant did not reach an agreement with the victims until the

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant offenses, and is against the victim’s injury; (b) the victim E seems to have made a non-protective left-hand turn without much weight; (c) the payment of insurance money to the victim through the automobile insurance in which the Defendant joined; and (d) the damage appears to have been partially recovered from the damage due to the payment of insurance money to the victim; and (c) the Defendant did not have any record of criminal punishment except for punishment for driving once in around 2001; and (d) other circumstances that form the condition for sentencing as indicated in the instant case, such as the Defendant’s age, character and behavior, environment, family relationship, and circumstances after the crime, the lower court’s sentence is deemed to be 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.