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(영문) 대구지방법원 2015.02.12 2014노2737

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case committed by the defendant driving a vehicle not covered by mandatory insurance, and caused a traffic accident involving an damaged vehicle parked in accordance with the new subparagraph due to negligence that caused the defendant's failure to perform his/her duty of care at all times, resulting in the occurrence of a traffic accident involving the damaged vehicle, and not taking necessary measures for the repair cost of 602,678 won, but escape without taking necessary measures.

However, the defendant has no record of criminal punishment, and the defendant does not repeat the crime by reflecting his depth of the crime.

The degree of injury of the victims is relatively minor, and both the victims and the victims have agreed to leave the defendant.

There is a situation in which the defendant is still young and is going to enter the military.

In addition, considering the character, character, environment, etc. of the defendant and all of the sentencing conditions shown in the arguments, the sentence imposed by the court below cannot be deemed unfair because it is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.