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(영문) 대구지방법원 2014.03.06 2013노2872

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, 80 hours of community service, and 40 hours of compliance driving) that the court below made is too unfasible and unfair.

2. The instant crime was committed by the Defendant without a license.

The escape without taking necessary measures to cause a traffic accident, which is not easy to commit a crime, and is not covered by a comprehensive insurance, and it has not been agreed with the victims until the trial.

However, the degree of injury of the traffic accident and victims of the accident in this case is relatively relatively weak, and it is possible to recover from damage by liability insurance.

The defendant recognized the error of the crime of this case and did not repeat the crime of this case, and is living faithfully, such as joining the same lecture company for 17 years.

In addition, examining the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, etc., the sentence imposed by the court below cannot be deemed to be too uneasible and unfair.

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.