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(영문) 창원지방법원 2014.09.04 2014노528

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal of this case is that the defendant, while driving a motor vehicle without a driver's license, had been punished several times for violation of the Road Traffic Act (two times a suspended sentence of imprisonment, five times a fine) or violation of the Road Traffic Act (a fine of 2,722,09, and five times a fine of 200,000 won is determined to be sentenced to suspension of execution of the crime of this case) in light of the following: (a) the defendant was sentenced to imprisonment for a violation of the Road Traffic Act (a fine of 2,00 won) and the violation of the Road Traffic Act (a fine of 2,72,09,00 won), and the defendant was sentenced to suspension of execution of the sentence of this case on September 7, 2012 to the victim's D driver who was under way of the above crossing due to the negligence of the driver's driving of the victim D who continued to cross the vehicle without a driver's license of this case; and (b) at the same time, the defendant again committed the crime of this case.

2. Taking into account the circumstances alleged by the judgment prosecutor, the confession and reflect of the defendant, the degree of injury of the victim is relatively minor, the defendant does not punish the defendant by mutual consent with the victim, the defendant is in the position of supporting the wife suffering from the edited mental disorder, his father who is a senior school student, his father who is the visually disabled, and the defendant does not repeat again, and the defendant does not repeat again. Other circumstances, such as the character, conduct and environment of the defendant, the background and result of the crime of this case, and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the records and arguments, are considered as inappropriate. Thus, the prosecutor's above assertion is without merit.

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