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(영문) 전주지방법원 2013.05.24 2013노143

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (three years of imprisonment, five years of suspended execution, five years of social service, 400 hours of imprisonment) is too unfasible in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The instant crime of this case concerning the grounds for appeal is deemed to have caused the death of another vehicle, which followed the Defendant’s vehicle, by leaving the road immediately without providing relief to the victim, resulting in the Defendant’s shocking of the victim by causing a traffic accident, and resulting in the death of the victim. As such, the crime of this case ought to be strictly punished against the Defendant on the ground that the nature and circumstances of the crime are not good.

However, in full view of various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the defendant's age, character and conduct, environment, criminal record relationship, circumstances leading up to the defendant's criminal act, means and result, etc., the court below's punishment is too uneasible and unreasonable, and there is no history of punishment heavier than the fine, the defendant's bereaved family does not want the punishment of the defendant in consultation with the bereaved family members of the victim, the defendant must support his wife and two children, and the defendant's age, character and behavior, environment, criminal record relationship, criminal records, circumstances leading to the defendant's crime of this case, means and consequence, etc.

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.