특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court is too unfilled and unreasonable.
2. In light of the motive, means, and result of the instant crime, the circumstances after the instant crime was committed, the age, character and conduct, environment, and criminal records as shown in the arguments, the lower court’s sentence against the Defendant is too unjustifiable, and thus, the Prosecutor’s aforementioned 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.
However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 25(1) of the Enforcement Decree of the Criminal Procedure Act, Article 148(2)2 of the Road Traffic Act is amended to “Article 148-2(2)2 of the Road Traffic Act” as “Article 148-2(2)2 of the Road Traffic Act,” and Article 35 of the Criminal Act is deleted from among repeated offenders on 10,11.
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