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(영문) 광주지방법원 2016.11.22 2016노885
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two years of suspended execution for one year of imprisonment, community service, and law-abiding lecture) is too uncomfortable and unfair.

Judgment

It is recognized that the defendant, while driving a drunk, has broken the victim walking along the crosswalk and caused an accident, even though he/she has escaped.

However, the degree of injury suffered by the victim is relatively little, and the defendant is a first offender who has no record of punishment for the crime.

In addition, the defendant deposited 3 million won in the court below for the victim, and 1 million won in the court below for the victim, and since the defendant's vehicle was covered by comprehensive insurance, the actual damage of the victim was recovered.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., and the sentencing conditions specified in the instant records and pleadings, it is not recognized that the lower court’s punishment is too uneasible and

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.

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