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(영문) 수원지방법원 2017.05.24 2016노6735

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 (10 million won in penalty) is too unhued and unreasonable.

2. The judgment of the defendant does not take any action to cause an accident while driving a drinking at the time of the instant case, and runs away without taking any measures, so strict punishment corresponding thereto is needed as the nature of the crime is not good.

However, in full view of the following: (a) the Defendant’s mistake was divided; (b) there was no record of being punished for the same kind of crime since 2009; (c) there was agreement with the victims; and (d) the Defendant’s age, sex and family environment; (b) motive, means and consequence of the crime; and (c) other various sentencing conditions specified in the argument in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too low and thus, it is not deemed unfair

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.