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(영문) 대전지방법원 2015.05.14 2014노2719

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months and two years of suspended execution) of the original judgment is deemed to be too unhued and unfair.

2. The crime of this case committed by the Defendant, while causing a traffic accident by negligence in violation of the signal, immediately stops and does not take necessary measures, such as aiding the victims, and the liability for the crime is not less complicated.

However, there are favorable circumstances, such as the fact that the defendant has his wrong character divided and reflected in depth, that the victim voluntarily surrendered after the crime of this case, that the victim's injury seems not to be severe, that the defendant subscribed to a comprehensive insurance, that victims do not want punishment against the defendant. The scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Supreme Court's sentencing guidelines established by the Supreme Court's sentencing committee is the traffic crime group in June to October, the traffic crime group in this case, the first type of escape after the traffic accident, the first type of punishment (the second class), the special type of punishment (the second class of punishment), the decision of the recommended area, the scope of the recommended sentence ( June to October), the scope of the recommended sentence (the second class of punishment), and the major pride and pride witness factor that can be suspended, considering the fact that the punishment was not imposed, and all the sentencing conditions such as the defendant's age, character and behavior, environment, motive, motive, means and consequence, and the circumstances after the crime are too unfair.

3. The appeal filed by the prosecutor with the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.