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(영문) 광주지방법원 2017.09.21 2017노7

특정범죄가중처벌등에관한법률위반(도주치상)등

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The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence for one year of imprisonment, one hundred and sixty hours of community service, and forty hours of lecture of compliance driving) is deemed to be too uneasible and unfair.

2. The fact that the defendant was punished for a traffic-related crime, and that the circumstance after the crime is not good is unfavorable to the defendant.

However, considering the fact that the degree of injury suffered by the victims is relatively minor, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the defendant's agreement is reached smoothly with the victims, the defendant's mistake is recognized and reflects his/her fault, and other various circumstances shown in the arguments in this case, the court below's punishment is too uneasible and unfair, and thus, the prosecutor's assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.