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(영문) 수원지방법원 2015.06.24 2014노5103

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended execution in August, and forty hours of order to attend school) is too unhued and unreasonable.

2. The judgment of the court below did not take any measures to prevent personal and material damage by shocking the vehicles of the victim D driving while driving in drinking condition, but also causes a traffic accident that meets the victim F, which is a pedestrian, by leading to the escape, and the quality of such crime is not high, and the degree of injury suffered by the victim F, is more than six weeks of medical treatment, and the above crime does not reach an agreement with the above victim. However, the defendant's liability for each crime of this case is not easy, considering the following: (a) the defendant led to an agreement with the victim D in the court below; (b) he made efforts to recover damage, such as making a deposit of KRW 3 million for the victim F; (c) there is no history of criminal punishment; (d) the degree of injury suffered by the victim D as an initial crime; and (e) the degree of injury suffered by the victim is too minor; and (e) the defendant's motive and circumstances leading up to the crime of this case to the trial; and (e) there is no reason for the court below's argument that the defendant's personality and behavior and circumstances are too unjustifiable.

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