beta
(영문) 의정부지방법원 2013.07.26 2013노352

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment, 80 hours of community service, and 40 hours of attending a compliance driving course) that the court below sentenced is too unhued and unreasonable.

2. The instant accident was caused by the Defendant’s reverse behavior, and the degree of injury suffered by the victim is not less than that of the Defendant’s negligence. However, the Defendant’s confessions the instant facts charged, and there is no record of criminal punishment except that sentenced once due to drinking driving, and the Defendant’s subscription to a motor vehicle comprehensive insurance policy is likely to bring damage to the damaged part of the victim by an insurance company, and the Defendant deposited KRW 5 million in the above victim’s future in order to pay damage to the victim D, and the lower court’s punishment is deemed unreasonable in light of all the sentencing conditions specified in the instant records and arguments, including the following: the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime. Thus, the Prosecutor’s 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.