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(영문) 수원지방법원 2018.07.11 2018노1589

특정범죄가중처벌등에관한법률위반(도주치상)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 (eight million won in penalty) is too unhued and unreasonable.

2. The judgment of the court below is that the crime of this case was committed under the circumstances unfavorable to the defendant, the defendant's reflects his criminal act, the fact that the defendant did not take any measure against the harm to the human body by driving a traffic accident, and that the defendant escaped without taking any measures against the harm to the human body, and that there was a history that the defendant was punished three times by a fine due to the crime of drinking driving in the past, and that the defendant's blood alcohol concentration in the blood is relatively high, etc., or that there is a relatively little degree of punishment except the above fines,

In full view of the circumstances favorable to the defendant, such as the fact that the defendant agreed smoothly with the victim, the fact that the vehicle of the defendant's driver was covered by the comprehensive motor vehicle insurance, and other sentencing conditions indicated in the records, such as the defendant's age, sex, environment, occupation, family relation, it is difficult to view that the sentence of the court below is too unfeasible and unfair.

Therefore, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.