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(영문) 서울중앙지방법원 2013.04.18 2013노576

특정범죄가중처벌등에관한법률위반(도주차량)등

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All appeals filed by the prosecutor against the defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant A: one year of imprisonment, two years of probation and community service order, 200 hours of probation and community service order, the defendant B: six months of imprisonment and two years of suspended execution) of the lower court is deemed to be too uneasible and unfair.

2. The judgment of Defendant A is driving a motor vehicle during the suspension period of driver's license.

Upon the occurrence of the instant traffic accident, the Defendant B was punished for driving the instant motor vehicle by driving the instant motor vehicle.

After requesting the police to make a false statement that the crime of this case was committed, the crime of this case cannot be deemed to be considerably poor, in light of the circumstances following the crime of this case, including the fact that the defendant made a confession of all the criminal facts and the situation after the crime, etc., although the crime of this case was committed in the prosecutor's office from the prosecutor's investigation to the trial, the victim of traffic accident and the police investigation reached an agreement entirely with the victim of the accident, there was no record of punishment exceeding the suspension of execution except that sentenced to imprisonment for a year and six months, and the defendants did not have any record of punishment exceeding the suspension of execution, in full view of the defendants' age, character, environment and other conditions.

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.