특정범죄가중처벌등에관한법률위반(도주차량)
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two years of suspended sentence for eight months of imprisonment, and forty hours of community service order) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.
2. The instant crime was committed by the Defendant without taking relief measures after a traffic accident, and the nature of the relevant crime is not good, the victim’s injury is relatively heavy, and there was a history of punishment for the same kind of crime around 2006.
However, it seems that the negligence of the victim, who was unauthorized, has contributed to the occurrence of the instant accident or the expansion of damage, and that the defendant deposited a sum of KRW 20 million for the victim at the investigation agency and the court below, and that the defendant voluntarily surrendered at the morning on the day of the instant accident is more favorable.
In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change of circumstances that may otherwise determine the sentence and the sentence of the lower court, the lower court’s punishment is too unaffortable and unreasonable.
Therefore, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.