beta
(영문) 수원지방법원 2017.01.20 2016노4430

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended execution, two years of protection observation, and eight hours of community service order in the month of imprisonment) on the summary of the grounds of appeal is too unfasible.

2. The crime of this case is a condition for sentencing unfavorable to the Defendant, on the following grounds: (a) the Defendant’s act of intrusioning the central line and leaving the site without taking any measures to cause a traffic accident; and (b) the Defendant’s liability is not less and the Defendant did not reach an agreement with the victims until the trial is the case.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes and reflects the victim’s injury; (b) the degree of injury suffered by the victims is not severe; (c) the Defendant appears to have been partly recovered from the victim’s damage through the automobile insurance in which the Defendant subscribed; and (d) the Defendant has no record of criminal punishment except for punishment once a fine was imposed prior to the instant crime; and (e) other circumstances, which form the conditions for sentencing specified in the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, and circumstances after the instant crime, the lower court’s punishment is deemed unfair, and thus, the Prosecutor’s allegation

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