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(영문) 대구지방법원 2019.09.27 2019노1311

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and two months of imprisonment, one year and two years of suspended execution) imposed by the court below on the defendant is too unhued and unreasonable.

2. The judgment of the defendant is recognized that the accident of this case occurred while driving a car without a driver's license and without being insured, and the crime of this case is bad, the degree of injury of the victim F is not weak, the damage of the victims was not recovered, and that the defendant did not agree with the victims.

However, it is also recognized that the Defendant recognized and reflected the instant crime, the Defendant’s negligence of the victim D who changed the vehicle without properly examining the following vehicles seems to have caused the instant accident, and that the university students did not have any criminal record of punishment in Korea.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, motive and background of crime, means and consequence of crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.