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(영문) 광주지방법원 2015.06.17 2014노2349

특정범죄가중처벌등에관한법률위반(도주차량)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 years of suspended sentence for eight months of imprisonment, eight hours of community service, and forty hours of order to attend a law-abiding driving lecture) is too unhued and unreasonable;

2. The judgment of the court below, even if the defendant had a previous conviction in the same kind of crime, again caused a traffic accident, thereby causing serious injury to the victim; the defendant asked the victim to make a false statement; however, it is unfavorable for the defendant to recognize and reflect his mistake; the defendant is covered by a comprehensive insurance; the defendant has agreed with the victim; the defendant is difficult to recognize the crime of drinking driving; and there are other circumstances such as the circumstances leading to the crime of this case; the circumstances after the crime of this case; the defendant's age, character and conduct, and environment; thus, it is not recognized that the sentence of the court below is too unreasonable, and the prosecutor's above assertion is without merit.

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.